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Non-discrimination and Employment Law

Term Paper 2012 17 Pages

Business economics - Law

Excerpt

Table of Contents

Executive Summary

Table of Contents

List of Abbreviations

List of Tables

1 Introduction/Problem Definition

2 Objectives

3 Methods

4 Main Part
4.1 Origin and Background of the General Equal Treatment Act in Germany
4.2 Structure of the German AGG
4.3 General Equal Treatment Act and Employment Law
4.4 Practical Implications for HR Management
4.4.1 Job advertisement
4.4.2 Selection
4.4.3 Duties for Employers
4.4.4 Termination of the Employment Relationship
4.5 Rights of Employees
4.6 Implementation of the AGG into Company Practice
4.6.1 Immediate Training and Information
4.6.2 Establishment of a Complaint Office
4.6.3 Check Job Advertisements
4.6.4 Questions Asked in the Recruitment Phase
4.6.5 Check Contracts. Conclude a Written Agreement
4.6.6 Remuneration and Career Development
4.6.7 Documentation

5 Conclusion

6 ITM Checklist

7 Bibliography

List of Abbreviations

illustration not visible in this excerpt

Table 1: List of Abbreviations.

List of Tables

Table 1: List of Abbreviations

Table 2: Labor law relevant regulations of the AGG according to Merx et al. (Merx & Vassilopoulou, 2006)

1 Introduction/Problem Definition

Non Discrimination Regulations have multiple impacts for traditional businesses with established processes as well as entrepreneurs starting a new business. This is particularly true regarding personnel topics.

2 Objectives

The following text should give answers to a number of elementary questions concerning legal implications of the General Equal Treatment Act:

1. What is the background and structure of the General Equal Treatment Act in Germany?
2. What is the relation between General Equal Treatment Act and employment law?
3. What practical implications can be derived for HR and therefore play an important role for employers and entrepreneurs?

3 Methods

The following text is based on an intensive literature research concerning legal aspects of Non Discrimination Law. Besides origin and background of the German General Equal Treatment Act, examples are outlined which should be taken into account in order to meet the requirements regulated in §7 (1-3) AGG (Bundesministerium der Justiz, 2012).

4 Main Part

Central aspects of the General Equal Treatment Act in Germany (AGG) are relevant for employers and entrepreneurs building up or running an own company. Background, scope of application, duties for employers and practical implications for HRM are outlined.

4.1 Origin and Background of the General Equal Treatment Act in Germany

Valid from August 18th 2006, in Germany the General Equal Treatment Act (AGG) was consolidated in a single act. §7 AGG (referring to the protected attributes listed in §1 AGG) prohibits the discrimination of employees regarding race, ethnic background, gender, religion, ideology, handicaps, age or sexual identity/orientation. The General Equal Treatment Act in Germany “transforms the requirements of four EU-Guidelines into national law” ( (Boemke & Danko, 2007, p.1):

- Guideline 2000/43/EU addressing non discrimination regarding race and ethnical background;
- Guideline 2000/78/EU addressing non discrimination in work and employment;
- Guideline 2002/73/EU addressing gender independent access to work and career opportunities;
- Guideline 2004/113/EU addressing gender independent access to goods and services.

According to §3 AGG the following actions are prohibited:

Execution and/or instruction of direct and indirect discrimination or harassment (including sexual harassment).

4.2 Structure of the German AGG

The AGG is divided into seven sections. The general part in section 1 (§§ 1-5) contains regulations addressing all areas of law and therefore is also relevant for employment law. Section 2 of the AGG (§§ 6-18) is addressing the protection of employees from being disadvantaged or harassed. Section 3 (§§ 19-21) regulates the civil law protection of discrimination. Section 4 (§§ 22 and 23) regulates the burden of proof and support by anti-discrimination authorities. The further sections address regulations for public authorities and the establishment of a Federal Anti-Discrimination Agency (Merx & Vassilopoulou, 2006).

4.3 General Equal Treatment Act and Employment Law

The labour law relevant parts listed below are the main focus of the AGG (§§ 6-18). §6 regulates the personal scope of protection. Protected are employees (including former employees), trainees, apprentices respectively quasi-subordinates, self-employed persons and members of specific bodies.

illustration not visible in this excerpt

Table 2: Labor Law Relevant Regulations of the AGG According to Merx et al. (Merx & Vassilopoulou, 2006).

[...]


[1] The time limit within which the rights can be exercised is 2 months according to §15 sentence 4 AGG. Precondition for the application of collective law regulations is the evidence of intent or gross negligence.

Details

Pages
17
Year
2012
ISBN (eBook)
9783656633938
ISBN (Book)
9783656633921
File size
428 KB
Language
English
Catalog Number
v271652
Institution / College
University of applied sciences, Munich
Grade
1,7
Tags
AGG; Discrimination; Nondiscrimination; Employment Law;

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Title: Non-discrimination and Employment Law