Classification
Classification under German labor law the assignment of one of workers exercised activity to the remuneration groups of relevant for him compensation collective agreement .
If the collective agreement is mandatory for the employment relationship , a correct classification is the basis for determining the minimum wage that cannot be undercut , which often also determines the actual wage .
Commitment
A collective agreement is mandatory if it is generally binding or if both contracting parties ( employer and employee ) are members of the respective collective bargaining organization ( trade union / employers' association ). Finally, application comes into consideration if the contracting parties have individually agreed the application of the collective agreement in the employment contract (reference).
Labor court
The employee can also enforce the correct classification in court. In the classification process before the labor court , he has the burden of presentation and proof that he meets the requirements for a higher pay group. This usually takes the form of a so-called action for a classification determination.
Public service in Germany
Definition and participation
In the public service, classification refers to the “classification of the employee in a collective remuneration scheme”. Such a remuneration scheme is characterized in that it assigns the employees to specific groups according to generally described characteristics - usually job characteristics - from which the remuneration is derived.
The Federal Administrative Court interprets the classification as an “act of strict application of the law”. That is why the co-determination of the staff council is not a co-determination, but a co-assessment right. The employee representatives should be enabled by the co-determination to ensure that the intended grouping is in accordance with the applicable collective agreement. In the interests of the employees concerned, it should be prevented that an unobjective assessment gives preference to individual employees and disadvantages others. In this way, co-determination in the grouping serves to ensure the uniform and uniform application of the remuneration system in the same and comparable cases and thus to ensure fair wages and transparency of remuneration practice in the department.
Regrouping
Since, in the opinion of the Federal Labor Court, in the public service the employer clearly only wants to pay according to the tariff, there is also - even if the remuneration group is specified in the employment contract - a one-sided downward grouping possible if it turns out in retrospect that the original grouping was erroneously too high was. The corrective regrouping is often perceived as unfair. It is also possible outside the public service.
works Council
The categorization is a personal measure within the meaning of Section 99 of the Works Constitution Act . It therefore requires the approval of the works council . However, since it is about the application of the law, the works council only has one right of control with regard to the correctness of the classification. He cannot enforce a higher or lower wage than what corresponds to the tariff.
See also
Individual evidence
- ↑ a b Decision of May 15, 2012, BVerwG 6 P 9.11. (PDF; 44 kB) Federal Administrative Court, accessed on August 4, 2012 .
