Labour law

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Foreign allowance in registered partnership

Federal Labour Court, judgment of 18.03.2010 - 6 AZR 434/07

The plaintiff worked for the defendant abroad and had been sharing a common household with her registered civil partner since the beginning of the service. The plaintiff asked the defendant to pay her the foreign surcharge just as for married couples. The defendant refused.

This could constitute discrimination.

It was assessed that the defendant was or is obliged to pay a foreign surcharge to the applicant as for married couples in the amount according to the rules applicable to the defendant's tariff law, as long as the plaintiff maintains a common household with her registered civil partner in a foreign place of services.

 

 

Equality for registered partners regarding the provision for dependants as part of company pension benefits

Federal Labour Court, judgment of 14.01.2009 - 3 AZR 20.07

The plaintiff was in a registered partnership with a former employee of the defendant. As the partner died, the plaintiff filed for a provision for dependants which was then declined by the defendant.

The court examined whether this constituted an unjustified discrimination. With effect from January 1, 2005 a statutory equalization of pensions for registered partners was introduced with the "Act to revise civil partnership law" and equated the registered partnership with marriage in the state pension scheme.

According to the Federal Labour Court, the defendant’s refusal to pay a provision for dependants was not unlawful since the plaintiff’s partner had died before the act to revise civil partnership law had come into force. Therefore the newly enacted prohibition of discrimination did not apply to the case at hand.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011