Labour law

The previous collective labour agreement for public-sector employees (Bundes-Angestelltentarifvertrag BAT), which was in force from April 1st, 1961 to September 30, 2005, rendered the size of salary, among other things, dependent on age. Salaries increased with progressive age. This constitutes unlawful discrimination of younger employees according to the German Federal Labour Court (BAG) and the ECJ. Since October 1st 2005 the new tariff contract for public service (TVöD) is in action.

Age limit for young scientists

Federal Labour Court, judgment of 06.04.2011 - 7 AZR 524/09

The applicant, born in 1968, was employed by the defendant University from 2003 until 2007 on a fixed-term basis. His job was the promotion of young scientists to be prepared for the habilitation and also included teaching duties.

A decision of the University Rectorate stipulated that the temporary recruitment of scientific staff is permissible only if the employment relationship ends before the age of 40 - in exceptional cases at the latest six months later.

In 2007, the plaintiff was 39 years old. He and the university signed an alteration to the employment contract, under which the applicant was employed on a temporary basis until 2008. Without the resolution of the Rector, the employment contract would have been agreed beyond 2008, in any case for a period up to 2009.

The time limitation within the alteration of contract constitutes age discrimination according to § 7 ​​par. 1 AGG, which is not justified by objective reasons. There is also no reason for § 10 AGG, in accordance with which a different treatment on grounds of age is also permissible if it is objectively and reasonably justified by a legitimate aim.

The limitation has been declared by the court to be invalid.

Agreed Maximum age limit for pilots

Federal Labour Court, decision of 08.12.2010 - 7 ABR 98/09

An airline company has determined a maximum age of 32 years for hiring pilots that have been trained by other airlines.

The age limit regulation thus limits the freedom of choice of employment for older job applicants.

A collective contractual agreement with the company that limits the maximum age for pilots trained by other airlines to 32 years is therefore invalid.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011