on Protection in the Workplace (‘Arbeitsplatzschutzgesetz’, the ‘ArbSchG’) same employer by 12 November , additional severance pay is provided by. Citations (2). References (44). Work organization, labour contracts and employment. Article. Jun ; INT J MANPOWER · Emmanuel Dhyne. Article. Dec A. Oshchepkov · Vladimir Gimpelson and Media Coverage of Labor Market Policy. Article. Dec ; J LABOR RES.

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Accountability and Social Review. Notification of the consolidated text of the Federal Officials Act. Redeployment to another service; Art. An Act to improve the benefits payable under the statutory sickness insurance scheme. Co-service of spouses; Art. It was considered to overcome the disadvantages of the previous allocation practice, which was fair on a case-by-case basis but complicated and therefore applied in a non-uniform manner.

Military service and military exercises Division 2. Verwaltungsgericht Berlin – Germany.

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Article 6 inserts readjustments to the ancillary pension benefits and other regulations for the restriction of the State subsidy to the insurance agencies. Exercise of other profession or arbfitsplatzschutzgesetz activity Article Appointmen of teachers in private education.

Modernization of book distribution system. In the light of the foregoing, it is not necessary, in my view, to answer the second part of Question 1. It is true that recourse to the criterion of length of service is, as a general rule, appropriate for achieving that objective in so far as length of service goes hand in hand with professional experience.

Moreover, the German Government mentions such an approach in its written observations, when it explains that, in so far as EU law requires rectification, this should take greater account of individual situations.

Obligation of employers to employ handicapped persons. Criteria and process of evaluation arbeutsplatzschutzgesetz the heads of organic units Art.

The same holds true in the present cases in so far as, as the referring court points out, the previous basic pay was established on the basis of a discriminatory criterion, that of age, and the discrimination that existed under the old version of the BBesG persists when the transitional system is applied to existing civil servants.


Consequently, whilst that transitional system may actually be considered to be appropriate for the purposes of preventing loss of revenue for existing civil servants, it nevertheless appears to go beyond what is necessary for achieving the aim of protecting established advantages. An Act to make provision for the protection of members of bodies representing the workers in an undertaking, while they are receiving training.

Registration in the Registry Art.

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Germany – – Law, Act. Conflict of interest during the conduct of duties; Art. Includes a detailed table with the activities and the respective remuneration scales. In those judgments, after finding a breach of the principle of non-discrimination, the Court stated that, where discrimination contrary to EU law has been established, and for as long as measures restoring equal treatment have not yet been adopted, observance of the principle of equality can be ensured only by granting to persons within the disadvantaged category the same advantages as those enjoyed by persons within the favoured category, the latter arrangements, for want of the correct application of EU law, being the only valid point of reference remaining.

Detailed program of training and education Article 9: Act concerning institutions of higher education. As the referring court states, it would have been possible to apply a transitional system which guarantees an unduly favoured existing civil servant the previous level of pay where he has not attained the experience required under the new pay system for access to higher pay.

An Act to amend certain statutory provisions concerning social security and the civil service, as regards benefits in respect of married offspring. Distribution of organic positions of police personnel with special duties Article 3: Under the old version of the BBesG, the initial allocation to a civil servant of a pay step within a grade is determined by seniority which runs from the first day on which the civil servant reached the age of Limitations and revocation of leave Article However, the question of the effectiveness of such a remedy arises where the civil servant becomes aware of the infringement of his right not to suffer discrimination at the end of the financial year.


The hourly wages are the following: Lastly, according to the German Government, the aim of that system was to make the civil service more attractive to applicants seeking a second career. Germany – – Regulation, Decree, Ordinance Ordinance respecting the development and testing of a new method of training. Scope of application Art. Regulates licencing and exploitation of mineral resources.

It must now be ascertained whether that discrimination can be justified by a legitimate aim of the kind invoked by the German Government, which consists in protecting established advantages on the reference date for the transfer to the new system. Act respecting the sickness insurance of students. Federal Act to regulate payment for statutory holidays. At the hearing, the German Government stated that discrimination is not perpetuated by the transitional system in so far as existing civil servants who suffered discrimination under the old system will be allocated the highest step more quickly than if they had continued to progress under the old system.

Ghana – Specific categories of workers – Law, Act. Expand all Collapse all. It is true that in some cases the national court may encounter a case where there is no profile equivalent to that of the civil servant who was disadvantaged by reason of his age.

A fortioritherefore, the obligation for the civil servant to take steps before the end of the financial year then in course to assert a claim to financial payments that do not arise directly from the law does not appear liable in principle to make it impossible or excessively difficult in practice to exercise rights conferred by EU law, in so far as the financial year corresponds to the calendar year.

Ordinance respecting the development and testing of a new method of training. Act respecting the social insurance of handicapped persons. Transfers in foreign countries Article