Anti-discrimination day of the DGAR a full success
The deputy president of the DGAR, the baths Hersfelder Arbeitsrechtler franc Jansen reported on the anti-discrimination day in Bonn.
(openPR) - very contently today the president of the German society for anti-discrimination right (DGAR) expressed itself, Dr. Klaus Michael Alenfelder over the process of the anti-discrimination daily in Bonn. This was aligned recently in co-operation with the European anti-discrimination advice EAC and the German anti-discrimination federation.
Approximately 60 German and European experts from politics, federations, law and enterprise debated the application of the AGG in practice. With the fact agreement existed that the anti-discrimination right will have substantial effects in particular on the industrial law. Only a consistent objective can protect enterprises against errors. Thus the AGG enterprise forces to arrange the personnel work transparency efficient and.
Large agreement signaled also the obstruct-assigned to the SPD parliamentary group in the German Bundestag, Silvia Schmidt, in their greeting word: „The German society for anti-discrimination right DGAR has practice and theory of the anti-discrimination right as central organization trailblazing and obligatorily interpreted under the direction of Dr. Alenfelder, the prominent expert of the anti-discrimination right. “
„Now, after conclusion of the legislation, verse oh light the discussion and fears, German enterprises straight threatened themselves with the payment of damages with American conditions, proved to have as unfounded. In Germany like also the other European Union in theory and practice for example a smart money at height of an annual salary became generally accepted states, at least however from 30.000 EUR. This corresponds in the rest of also the current EUROPEAN UNION and OECD values regarding the gross national product per head in the European Union. However very doubtfuly, whether this very reserved calculation of the smart money is sufficient, in order to work deterring and general-preventively, like this the European Union guidelines is compellingly continues to prescribe “, so Schmidt. „Also regarding the material payment of damages fears were waked unnecessarily. As held in the debate in the Bundestag with Verabschiedung of the AGG already several times, the material payment of damages is to be computed according to the Vento decision in Great Britain, thus as single payment. This amount is calculated by the complete content up to the Verrentung with consideration of the Fortbeschäftigungsdauer (Kattenstein formula), which can be expected, “, so the Member of the Bundestag.
Dr. Alenfelder, Fachanwalt for industrial law in Bonn, outlined the regulations of the AGG and referred thereby to weaknesses of the law. On pressure of the employers' associations in last second still changes were inserted. Some these regulations are obviously ineffective or only at European Union of conformal interpretation effective. This means an unnecessary danger for the employers.
As amazingly designated it Dr. Alenfelder that still numerous collective agreements contained discriminating regulations. Employers therefore payment of damages and smart money threaten. The salary or the vacation after age is e.g. increased, thereby the younger employees are discriminated against. They knew usually requirement on the higher achievements and partly even smart money to require. Dr. Alenfelder literally: „Since decree of the European Union guidelines, thus since 2000 is well-known, which regulations the AGG will approximately contain. Why wasn't the time used, the collective agreements diskriminierungsfest umzugestalten “
The deputy president of the DGAR, the baths Hersfelder Arbeitsrechtler franc Jansen, described first practical experiences with the AGG. It rejected suggestions, according to which the smart money was to depend exclusively on the income without minimum amount, sharply back. Such suggestions are contempting for human beings. „A small maid is not less value, than a top earner “.
Thorsten Kattenstein described the calculation method for the material payment of damages (Kattenstein formula), developed by it. Nadja Tholen presented after § 12 exp. 2 P. 2 AGG to possibilities for the electronic training of employees. Such training courses can protect employers against demands for payment of damages.
From London the director of the European anti-discrimination advice EAC, Dr. Stefan Prystawik had traveled. In its interesting lecture it made clear that for Germany new the general equalization law represents equally more importantly as urgent entrance, in particular, into decades to the economy an old international development. Already for a long time about give it with the Office to OF Federal Contract Compliance Programs (OFCCP) in the USA a powerful department of the Ministry of Labour, which regards public contractors alone as an employer and an extensive black list of discriminating enterprises leads. Similar regulations exist in Great Britain. With the expansion of these defaults on international trade relations of the USA, planned now, can be some German entrepreneurs fast outside forwards: Background of this decision is the realization of many years that an employer, which discriminates against at a location makes this also at all different “, so for Prystawik.
Constant agency of the European anti- Discrimination Council - EAC
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European anti-discrimination advice:
The European anti- Discrimination Council - EAC (European anti-discrimination advice) is a non-governmental organization, which made it it's duty to fight unjustified discriminations within the European union. The EAC places itself expressly against each form of discrimination and aims at the implementation of harmonious and fair lives and conditions of work for all European citizens and in the area of the European Union living humans. The anti-discrimination advice supports all activities, which serve the creation of fair and discrimination-free living conditions in Europe. For this reason it is our urgent request to create European-wide legal bases which consider to this request - in the sense of our slogan „by Iurem Ad Iustitiam “-. The EAC coordinates anti-discrimination activities in completely Europe. Beyond that he compiles regularly scientific analyses of the present developments on the field of anti-discrimination by the EAC Research Council (EAC research advice). A selection of these work appears in „the EAC Review “. The European anti-discrimination advice defends and promotes all measures of the European union in the fight against discrimination and supports the European Union width campaign „for variety. Against discrimination. “www.eacih.eu
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