by Paula Määttä

VI. Germany

A. The legislative provisions for equality in pay

Germany uses the concept of "Gleicher Lohn für gleichwertige Arbeit" for the principle of equal pay.

Germany is a federal state with federal and state jurisdictions. Federal jurisdiction always takes priority over state jurisdiction even if the federal law has lower standards than the state law. The competence to legislate in the field of labour law is given to the federal legislator, which leads to a homogeneous pattern of labour law in all the different states. (Weiss 1994, 35.)

Article 3 of the Basic Law, 1949 states that men and women have equal rights. The Basic Law also states that no one shall be prejudiced or favoured on the basis of sex.

The Works Constitution Act 1972 provides that the employer has to ensure that every person employed in an establishment is treated in accordance with the principle of equity and in particular that there is no discrimination against a persons sex.

The Act on Equality between Men and Women was adopted in 1980, incorporating the European Community Directive 75/117/EEC concerning equal remuneration for male and female workers into German law. This Act prohibits discrimination on the basis of sex in the establishment and termination of an employment relationship. This is incorporated into the German Civil Code (Bürgerliches Gesetzbuch) along with the right to equal pay for equal work or work of equal value. The Act applies to the private sector, not the public sector.

A second Equality Act for Men and Women was enacted in 1994. The Civil Cod, the Labour Courts Act, and the Employment Act were amended by the Act of 1994. This Equality Act covers the federal public administration.

Germany ratified the Equal Remuneration Convention (No. 100) of the ILO in 1956.