Low wage group

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As light wage group (LLG) are defined in labor law wage groups for physically light work that provide a lower wage than the wage groups for physically difficult work.

Germany

In Germany, since the 19th century, there has been a tradition of paying lower wages for women than men in comparable positions. The role model of the male breadwinner continued after 1945 despite the special requirement of equal treatment in Article 3, Paragraph 2 of the Basic Law.

In 1955, the Federal Labor Court ruled that the principle of equality and the prohibition of discrimination also include the principle of equal pay for men and women for equal work and that as a fundamental right are not only binding on state power but also on the parties to the collective bargaining agreement . Collective discount clauses, according to which the work of women is paid less, also with regard to the protective standards issued in their favor, violate the principle of equal pay and are void. In contrast, wage categories that differentiate according to the severity of the work to be performed and lead to lower wages for women are harmless, "because it is precisely they who do the easier work or the predominantly easier work."

As a result, the so-called low-wage groups arose, which were occupied in particular by women and insofar as they suggested indirect wage discrimination against women. The resistance to lower wages especially for women continued in the 1960s and 1970s under the heading of "equal pay for equal work".

With the reform of marriage and family law in 1977, so-called housewife marriage was overcome. In 1980, under the influence of the women's movement, with the addition of the Civil Code in Section 611a, Paragraph 1, Clause 1 of the German Civil Code, the prohibition against discriminating against employees because of their gender followed.

At European level, should be equal pay Directive and the Equal Treatment Directive also degrade indirect discrimination on grounds of sex.

Nevertheless, in 1997 women averaged only 75.8% of the average annual gross income of men.

Since 2006, the General Equal Treatment Act has also wanted to prevent indirect discrimination on the basis of gender . In 1966, Equal Pay Day was established in the USA as an international day of action for equal pay for women and men.

Even today, however, there is a gender-specific wage gap even in companies bound by collective bargaining agreements.

Austria

According to Austrian law, the classification criteria of service group IV "auxiliaries for heavy work" and service group V "auxiliaries for light work" of a collective agreement do not contain any wage tables showing women's wages, but due to the lack of balance and proportionality result in discrimination against the work of Women, because according to the actual circumstances they are at least predominantly to the disadvantage of women. Such a collective agreement is according to Section 879 (1) ABGB is void in this respect.

Switzerland

According to Article 8, Paragraph 3, Clause 2 of the Swiss Constitution , “Men and women are entitled to equal pay for work of equal value.” The Equal Opportunities Act of 1995 forbids direct and indirect discrimination based on gender, among other things, and explicitly states in Article 3 Paragraph 2 the remuneration. The law has resulted in more than 125 individual court cases and 25 representative actions relating to equal pay since 1996, typical women's professions in the public sector have been upgraded and court-recognized analysis and calculation methods ( Logib and Abakaba35) have been developed to uncover pay discrimination.

See also

Web links

Individual evidence

  1. ↑ Bundestag printed matter 10/6501
  2. ↑ Pamela Wehling, Katja Müller: Unequal, comparable, equal - on the way to a gender-neutral world of work? Sexual Differentiation Processes in the Context of Work Work and Industrial Sociological Studies Volume 7, Issue 2, November 2014, pp. 22–40, p. 24
  3. ^ BAG, January 15, 1955 - 1 AZR 305/54
  4. ↑ BAG, p. 8
  5. ↑ Pamela Wehling, Katja Müller: Unequal, comparable, equal - on the way to a gender-neutral world of work? Gender differentiation processes in the context of work Work and industrial sociological studies Volume 7, Issue 2, November 2014, pp. 22–40, p. 28
  6. ↑ Valeska von Roques: We do the same work as men Der Spiegel 32/1983 of August 8, 1983
  7. ↑ § 611a BGB
  8. ↑ IAB sample of employees, cf. Federal government report on the job and income situation of women and men ( memento of the original from March 22, 2005 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. April 24, 2002, p. 3 @1@ 2Template: Webachiv / IABot / www.bmfsfj.de
  9. ↑ BMFSFJ : Pay equity - because the same is more! 5th july 2016
  10. ↑ Supreme Court decision of September 14, 1994 - 9ObA801 / 94
  11. ↑ Federal Constitution of the Swiss Confederation of April 18, 1999, as of January 1, 2016
  12. ↑ Federal Act on Equality between Women and Men (Equal Opportunities Act, GlG) of March 24, 1995, as of January 1, 2011
  13. ^ Hessian Ministry for Social Affairs and Integration : Documentation on the ESF annual event. State, national and Europe-wide. Equal pay for women and men on November 3 and 4, 2014 in Fulda ( Memento of the original from March 12, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Wiesbaden, June 2015, p. 22 @1@ 2Template: Webachiv / IABot / www.gleichstellungsministerkonferenz.de
  14. ↑ Christian Katz, Christof Baltsch: Equal pay for practice. Edited by the Federal Office for Equality between Women and Men , Hochschulverlag Zurich, 2nd edition 1997