Women are entitled to the same pay as men
Employers are obliged to pay women and men the same salary. This also applies if male colleagues have negotiated a higher salary. The Federal Labor Court recently issued a groundbreaking ruling on this (8 AZR 450/21).
Are you female, employed in a company and earn less than your male colleagues for the same work? Then you should not wait any longer and demand your rights to equal pay immediately!
The Federal Labor Court in Erfurt recently made a fundamental ruling that employers are obliged to pay women and men the same wage for equal work. This also applies if men have negotiated a better salary during contract negotiations. Unequal pay for women and men is an indication of prohibited discrimination!
Meißen: Employee sues for equal pay
In the specific case, the employee of a metal company in Meißen, Saxony, earned 3,500 euros per month at the start of her employment. After successfully completing her probationary period, a performance-related bonus was to be added to her basic salary. The woman agreed to the contractual conditions described, but later discovered that two male colleagues with the same job in the field earned 1000 euros more per month. Even after the introduction of a collective agreement, the difference in salary was considerable at 500 euros per month. The employee demanded a higher salary and a subsequent compensation payment.
Company invokes freedom of contract - Federal Labor Court rejects it
However, the employer refused equal pay. The male employee had negotiated better after both employees had initially been offered the same salary. The Meissen-based company invoked the principle of freedom of contract, which was initially upheld by the Labor Court and Regional Court. However, this argument was no longer successful at the Federal Labor Court in Erfurt. The employer had „discriminated against the plaintiff on the basis of her gender“, according to the judges. The employee will now receive a back payment of 14,500 euros and additional compensation for the discrimination of 2,000 euros.
A milestone in equality?
The ruling from Erfurt could be a milestone in equal pay for men and women. Official figures show that the gender pay gap was seven percent last year. An employer cannot justify this gap with negotiating skills or other factors, such as the prospect of a job at management level. If men and women in the same jobs receive different wages, it is reasonable to assume that there is prohibited discrimination on the grounds of gender. This was clearly demonstrated by the Erfurt ruling.
