Germany: Federal Labor Court establishes the principle of equal treatment regarding corporate supplementary pension schemes

Abolishing status differences between employees. By giving satisfaction to a retired worker from Ford Deutschland, the BAG’s ruling (Ref. 3 AZR 216/09) clearly established equal treatment regarding corporate supplementary pension between different categories of employees. Officially, in Germany, the difference between “blue-collar workers” (mostly manual jobs) and “white-collar" workers (mostly “cerebral” jobs) was repealed in 2001, when the reform of the “Works Constitution Act” (Betriebverfassungsgesetz) was enforced. The latter determines rules regarding employees in German businesses. However, many collective and company agreements have yet to include this change and there is still unequal treatment, whether it is justified or not, between the two categories. The plaintiff, who demanded the same supplementary pension as his white-collar colleagues, obtained satisfaction. The judges added that equal treatment meant increasing pensions, not decreasing them.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

rporate supplementary pension between different categories of employees. Officially, in Germany, the difference between “blue-collar workers” (mostly manual jobs) and “white-collar” workers (mostly “cerebral” jobs) was repealed in 2001, when the reform of the “Works Constitution Act” (Betriebverfassungsgesetz) was enforced. The latter determines rules regarding employees in German businesses. However, many collective and company agreements have yet to include this change and there is still uneq

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Spain: new terms and conditions for in-company training contracts
On 25 November, Spain's Council of Ministers approved a regulation on training contracts. This text defines the terms and conditions for hosting work-study students and interns doing professional...
2
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
3
Germany: apprenticeship openings fall sharply in manufacturing and chemicals
From 1 January 2026, Dutch collective agreements for temporary employment agencies will alter the employment conditions of temp workers. Agencies will be required to pay these workers at least the...