Equal pay for equal work
November 3, 2010 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I accepted a temporary job for 4 weeks on 04.10.2010. (Contract based on the general legal principles of labor law.) A compensation of 10.00 euros per hour was agreed upon. A total of 8 people were hired for this project. However, 4 people received an hourly wage of 16.00 euros. Same work and same qualifications. When questioned the employer, he argued that the project deadline was approaching, he could hire 4 people at once, and for these reasons he pays 16 euros. Is it legally permissible to pay these different hourly rates within the group in the spirit of equal treatment, and was it "bad luck or stupidity" to be the first to sign and accept the 10.00 euros? Furthermore, is there a paid vacation entitlement (the contract states that vacation is not granted) and payment for a holiday? The contract period was from 04.10.2010 to 03.11.2010.
Dear inquirer,
Thank you for your inquiry. I would like to answer it as follows:
The exclusion of vacation is invalid. According to the Federal Vacation Act, you have a legal entitlement to paid vacation. This entitlement is prorated based on the length of your employment.
If you are unable to take your vacation, the employee generally has the right to be compensated for it. In this case, the employer must pay the employee a certain amount in lieu of taking the vacation.
Unfortunately, I must disappoint you regarding wages. According to the Federal Court of Justice, there is no right to equal pay for equal work. Therefore, the principle of equal treatment in labor law does not apply to wages.
Below is a link for further information on this topic:
http://www.hensche.de/Arbeitsrecht_aktuell_BAG_GleichBHZulage_29_09_2004_5AZR43_04.html
I hope this provides you with some initial legal guidance and wish you success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive review. Adding or omitting relevant information can lead to a completely different legal evaluation.
I hope my explanations have been helpful to you. Feel free to contact me via email or the follow-up option if you have any further questions.
Wishing you a pleasant Wednesday afternoon!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
