The state labor court in Hamburg by order of 22/02/2011 (4 Sat 76/10) the claim of a worker that opposed the termination of his turned the employment relationship, having reached the age limit tariff was rejected.
The employee reached the age of 65 in May 2010 Years and sought the continuation of employment on the 65th Beyond the age. The Labour Court was initially granted his application.
That court, however did not follow the applicant presentation. It considers the provision of § 20 para 5 MTV Hochbahn shall take place after the employment relationship to end of 31 May 2010 was completed. A material reason for the restriction of the employment relationship lies in order to reach the standard retirement age in accordance with § 14 para 1 sentence 2, No. TzBfG before, for the attainment of normal retirement age is in the person of the worker lying reason justifying a limit. The unequal treatment on grounds of age is to § 10, p. 3 No. 5 AGG justified. The determination of the primary labor market Tarivertrages pursuing political goals, in addition to promoting the distribution of work between the generations so that should also be made a positive contribution to reducing unemployment.
The decision is likely to get along with the decision of the ECJ of 10/12/2010 .
specialist in labor law Dan Fehlberg Lawyers Dr. Kühl & Koll Elm Street 42 09112 Chemnitz Tel: 0371-355900 Fax: 0371-3559020 Email: buero@anwalt-in-chemnitz.de 
0 comments:
Post a Comment