The question of how benefit is calculated correctly and which money is actually included in the calculation is not always easy to answer.
That court will help a little further with his decision of 30.09.2010 (EC B 10 R 19/09) . According to the assessment of parental benefit not only the claimant is the period of calculation actually received, but also is prepared and to use only after its expiration as a result of subsequent contract paid pay based.
behind this decision was that a worker was charged too little money and paid. She complained to the contractual wage. In case of application of the parental allowance for parents time the employee could, however, present only at that time existing remuneration statements (the legal proceedings before the Labour Court had not yet finished).
parents money was now based on the - false - statements about the actual remuneration paid calculated and approved, although the employee pointed out that it is entitled to more compensation, and it is claimed.
The SPA gave her final law. are the key passages from the ruling.
"Destined § 2, paragraph 7 of clause 4 BEEG that are the basis of income determine the appropriate monthly wage and salary certificates of employer This scheme is meant only to facilitate the fact-finding, it creates no legal connection with the findings of the employer. ... According to the Senate, is recognized for the design of the parental benefit not only the holder, in the period of calculation actually received, but also the fact developed and put on only after the end result of subsequent contract paid wages based. ... "
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 
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