Labour law

Foreign allowance in registered partnership

Federal Labour Court, judgment of 18.03.2010 - 6 AZR 434/07

The plaintiff worked for the defendant abroad and had been sharing a common household with her registered civil partner since the beginning of the service. The plaintiff asked the defendant to pay her the foreign surcharge just as for married couples. The defendant refused.

This could constitute discrimination.

It was assessed that the defendant was or is obliged to pay a foreign surcharge to the applicant as for married couples in the amount according to the rules applicable to the defendant's tariff law, as long as the plaintiff maintains a common household with her registered civil partner in a foreign place of services.

 

 

Equality of registered partner in occupational retirement provision as regards survivors' pensions

Federal Labour Court, judgment of 14.01.2009 - 3 AZR 20.07

The plaintiff lived in a registered partnership with a former employee of the defendant. As the partner died, the plaintiff requested survivor's benefits from the defendant. The defendant rejected the application.

It should be examined whether an unjustified discrimination existed. On 01.01.2005 equalization of the pension was introduced for registered partners with the "Act to revise the civil partnership law" and equated the registered partnership with marriage in the state pension scheme.

The rejection of the survivor's pension was not illegal according to the court, because the life partner of the applicant died before the entry into force of the Act to revise the civil partnership law and its prohibition of discrimination was not applicable in this case.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011