Equal Pay in Court

On 15 January 1955, the Federal Labor Court held that equal pay for equal work is a principle of the Basic Law. It binds unions and employers when they bargain. A collective agreement gave a female cleaner only 90 percent of the hourly wage of a male worker. On 6 April 1955, the court declared that clause void.

Almost seventy years later, Susanne Dumas was a sales representative at a metal company in Meißen, near Dresden. Her basic salary was 3,500 euros. A male colleague had been offered the same, refused it, and was given 4,500 euros. The employer argued that he had simply negotiated better. The labor courts in Saxony agreed with the employer. On 16 February 2023, the Federal Labor Court did not. Better negotiating does not justify unequal pay. Dumas received 14,500 euros in back pay and 2,000 euros in compensation.

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