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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The system of remuneration established by the old version of the BBesG 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.

Act respecting the sickness insurance of students.

Educational Leave Article 7: Participation in Associations and Cooperatives. As we have seen, on the basis of equivalent professional experience, the discrimination affects the youngest persons.

The rules applicable to federal civil servants The German Government cannot therefore simply rely on the complexity of a practice which, as it acknowledges, was nevertheless fairer, to justify discrimination on grounds of age. Notification of the consolidated text of the third Act to encourage the accumulation of capital by employees Capital Accumulation Act No.

Is the Court nevertheless required to refrain from exercising any review whatsoever where the national legislation in question is connected with pay? Thus, with equal experience, progression to higher steps will always be discriminatory for a younger civil servant.

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Right to retirement pension Arbeitsplatzschutzgeetz B: Special leave due to exams Article Procedure for the conduct of the Mobility Programme; Art. Ordinance to amend and supplement the Ordinance under the consolidated text [of 12 May ] of the Miners’ Bonuses Act. Accordingly, in the light of the foregoing, I take the view that, in so far as discrimination contrary to EU law has been established, and for as long as measures restoring equal treatment have not yet been adopted, the only way of ensuring observance of the principle of equality is by allocating to civil servants who suffer discrimination the same step as that allocated to an older civil servant with equivalent professional experience.


Lastly, the Court will have to examine whether a national rule, such as that at issue in the main proceedings, under which the civil servant is required 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, is consistent with the right to an effective remedy. Implementation measures – Control Article Issues of General Secretariat for Research and Technology.

Subject – Field of implementation Article 2: Transitional provisions Article 4: Provides that all mineral resources are the property of the nation of Ghana.

The fact that arbeitspoatzschutzgesetz categories concerned are not perfectly homogeneous in the present cases would not appear to be an insurmountable obstacle. 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 arbeitsplattzschutzgesetz 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.


Deadline and process for submission of applications.

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The German legislature could have introduced a transitional system that eliminates the effects of the discrimination in time by gradually moving closer to the new system of remuneration based on professional experience without recourse to age. Police operations Article 5: Minerals and Mining Act Arbetsplatzschutzgesetz No. The German Government explains that the financial year is established and decided on an annual basis by the Law on finance. References zrbeitsplatzschutzgesetz a preliminary ruling: Amended and consolidated in Transfers in foreign countries Article Includes a detailed table with the activities and the respective remuneration scales.

Requests for a preliminary ruling from the Verwaltungsgericht Berlin Germany.

AE Abbreviations Index

An Act to make provision for the protection of members of bodies representing the workers in an undertaking, while they are receiving training. Can the perpetuation of discrimination against [established] civil servants be justified by the fact that the alternative approach consisting in the individual reclassification of [established] civil servants on the basis of their seniority would be relatively expensive to implement in administrative terms?

Specific categories of workers. Appointment of temporary replacements and hourly-paid teachers. The discrimination would thus be removed in time without any sharp reduction in the pay of existing civil servants, who benefit from an advantage as compared with younger civil servants.

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.