Classification is in the German industrial law the allocation of an employee to the groups of remuneration of the remuneration collective agreement relevant for it.

If the collective agreement applies compellingly to the employer-employee relationship, then a correct classification is basis for the statement of the not fall belowable minimum wage, with which frequently also the actual pay is fixed.

A collective agreement applies compellingly, if it is generally binding or if both contracting parties (employers and employees) are member of the organization tariff-closing in each case (trade union/employers' association). Finally an application is possible, if the Contracting Parties agreed upon the application of the collective agreement in the work contract individually.

The employee can implement the correct classification also judicially. During the classification process before the labor court it has the burden of proof for the fact that it fulfills the conditions of a higher group of remuneration.

Since in the public service in the opinion the federal labor court recognizably the employer would like to pay only after tariff, is there also - even if the group of remuneration in the work contract indicated actual a one-sided back grouping downward possible, if afterwards it turns out that the original classification was too high. This correcting back grouping is felt frequently as unfair; outside of the public service it is also legally not possible.

The classification is a personnel individual measure in the sense of "§ 99 industrial democracy act. It requires thus the agreement of the work council. However the work council, since it concerns application of the law, has only one auditing right regarding the correctness of the classification. It cannot intersperse higher or lower wages, than it corresponds to the tariff.

Articles in category "Classification"

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