Service Finder
Information pursuant to the Remuneration Transparency Act Issuance
Service Description
Your employer is obliged to treat all employees according to the same principles and not to discriminate against anyone in terms of pay because of their gender. According to the German Pay Transparency Act (Entgelttransparenzgesetz), under certain conditions he must tell you which criteria and procedures are used to determine your pay and the pay for an equal or equivalent job in the company. He must also tell you how high this remuneration is in comparison (median value of at least six persons of the opposite sex).
You can make a request if you are
- Employee in the public sector and in the private sector,
- Civil servant of the federal government and public corporations, institutions and foundations subject to the supervision of the federal government,
- a federal judge,
- soldier,
- employed for the purpose of vocational training
- employed in homework or treated in the same way as such employees.
are.
It is important that your company has at least 200 employees. What exactly you can ask depends on whether or not your employer is bound by collective agreements or applies a collective agreement.
If your employer is bound by or applies a collective bargaining agreement, it must, for your job and the comparative job you designate:
- explain in detail the criteria and procedure for determining remuneration. If the respective remuneration components are regulated in the collective agreement or by law, a simplified answer is sufficient (but the collective agreement or statutory regulation must be stated) and
- determine the amount of the average gross monthly remuneration and for up to two separate remuneration components.
- The following applies to the specification of the comparative activity: The comparative remuneration is calculated from all employees of the opposite sex who are classified in the same pay group as yourself). The prerequisite is that 6 or more employees of the opposite sex work in the comparison group. Otherwise, you will not receive any information on the amount of the comparative pay for reasons of data protection.
If your employer is not bound by or applies collective bargaining agreements, it must:
- explain in detail the criteria and procedure for determining the remuneration for your job and for the comparative job inquired about (a simplified answer is not sufficient),
- indicate the extent to which the comparative activity is predominantly performed by one sex,
- if applicable, explain in a way that is comprehensible to you why your activity and the activity of the comparison group are not equivalent and relate the information to an activity that he or she believes to be of equal value
- if there are 6 or more employees of the opposite sex in the comparison group: state the amount of pay as the statistical mean (median) of all employees of the opposite sex performing the comparison activity.
- provide the answer in text form within 3 months.
In order to improve the transparency of pay structures, private employers with more than 500 employees are encouraged (but not required) to implement company procedures to review and establish equal pay. If it has conducted such a review procedure with the participation of the works council, your employer must inform employees of the results, for example at a works meeting or by publishing the results internally.
In addition, employers who are required to prepare management reports in accordance with the German Commercial Code and who generally have more than 500 employees must prepare a report on equal opportunities and equal pay for women and men and publish it as an annex to the management report in the Federal Gazette.
If your employer violates the equal pay principle, you can demand to be paid in the same way as your better-paid colleagues with the same or comparable jobs. According to the general principles of civil law, the employer is obliged to pay withheld benefits. If the employer is not prepared to do so, you can take legal action to enforce your claims. The information from the right to information can help you enforce your claims.
Process flow
You must submit the request for information in text form, i.e. in writing or by e-mail.
- You can print out the sample form and fill it in. However, you can also make your request informally (i.e. without a form)
- Submit your request in person or send it by e-mail or post
- in the case of employers who are bound by or apply collective agreements: to the works council (or, in the case of public service, to the staff council) or
- for employers who are not bound by or apply collective agreements: directly to your employer.
- If your employer is not bound by or applying a collective agreement, it must respond to you in text form, i.e. in writing or by e-mail, within 3 months of receiving the request.
- If the answer is delayed, your employer must inform you about it
- If you have the impression that you are being discriminated against in terms of pay because of your gender, you can seek discussion with the employer or contact the works council or staff council. If necessary, you can also take legal action.
Requirements
- Your company or department has more than 200 employees
- They are employees within the meaning of the law, i.e.
- employees in the public sector
- and in the private sector,
- Federal civil servants and public corporations, institutions and foundations subject to federal supervision,
- Judge of the Federal Government,
- soldier,
- employed for their vocational training
- employed in home work or treated in the same way as those so employed.
- for information on the amount of comparative pay: at least six employees of the opposite sex perform the requested activity (data protection).
Which documents are required?
None
What are the fees?
None
What deadlines do I have to pay attention to?
- For information requests made between January 6, 2018 and January 5, 2021: Waiting period of three years until the next possible request.
- For requests for information made on or after January 6, 2021: Waiting period of two years until the next possible request.
Note: These time limits do not apply if employees show that there has been a material change in conditions.
Processing duration
- For employers not bound by or applying collective bargaining agreements: response within 3 months (if response is delayed, inquirers must be informed).
- In the case of employers who are bound by or apply collective bargaining agreements: no explicit deadline
Note: Employees can ask for the support of the works council or staff council.
Legal basis
Appeal
Forms: yes
Online procedure possible: no
Written form required: no, text form
Personal appearance required: no
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)
Professionally released on
05.03.2019
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
No competent authority found
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