What is Facebook's salary and compensation

Compensation for age-discriminatory salary

Employees and civil servants alike can claim compensation if their remuneration has been calculated in an age-discriminatory manner. The Higher Administrative Court of North Rhine-Westphalia awarded two officials monthly compensation of 100 euros. However, the tight deadlines of the General Equal Treatment Act (AGG) must be observed.

Compensation for discriminatory pay

The plaintiffs are local and state officials in North Rhine-Westphalia. They were paid until May 31, 2013 according to the old version of the Federal Salary Act, which continues to apply in North Rhine-Westphalia. The salary was measured, among other things, according to levels, which were mainly based on age. In 2011, the Court of Justice of the European Union (ECJ) regarded comparable regulations for employees in the public sector as inadmissible age discrimination. The plaintiffs thereupon applied to their respective employer (municipality or state) unsuccessfully - non-discriminatory - pay at the highest level.

No entitlement to the highest level

The Federal Administrative Court has ruled for civil servants who had already applied for a higher salary before the decision of the ECJ, that a salary according to the highest level is eliminated. However, they could claim compensation for age discrimination of € 100.00 per month.

Narrow deadline for assertion

The Higher Administrative Court of North Rhine-Westphalia has awarded both the municipal and state officials appropriate compensation. The prerequisite is that they have made their claims in good time. In the case of state officials, it is necessary to assert the age-discriminatory salary within the respective calendar year. With regard to the narrower provisions of the General Equal Treatment Act (AGG), municipal officials must comply with a period of two months after the respective discriminatory salary payment.

The state and the municipality are liable as employers

The municipal employer must pay compensation according to the AGG. The claim must be made within two months of the discrimination. Discrimination is (also) every monthly salary payment.

The country claimed by the state official is liable as the competent legislature for the discriminatory salary legislation from the liability claim under Union law. The two-month period does not apply to this. A state official must, however, assert claims against the state as his employer within the budget year (so-called principle of timely assertion).

The Higher Administrative Court has approved the appeal to the Federal Administrative Court.

Reading tip:

For the correct classification: "What is experience worth?" By Eberhard Baden in Der Personalrat 12/2015, pp. 44-47.

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