termination provision § 622 II 2 BGB is contrary to European law - Labour Dresden
legal principle - Labour Dresden:
The termination provision § 622 II 2 BGB, after which the calculation of periods for determining the notice period the times before the age of 25 Age are not counted, constitutes an illegal age discrimination (ECJ ruling of 19.01.2010 - C 555/077).
Facts - Labour Dresden:
applicant is an employee. He received notice of one month's notice. His period of service before age 25 Year of life was not counted. Triggers the notice period would be 4 months. That court Dusseldorf has submitted the question of the legality of § 622 II 2 BGB the ECJ for a preliminary ruling.
legal reasons - Labour Dresden:
The ECJ has the provision § 622 II 2 BGB inadmissible. Will be made to provisions for the termination of employment contracts, which tie in old age. In the EU Directive 2000/78, the age discrimination is regulated. The difference in treatment is not justified by employment policy or labor market. Every German court is obliged to disapply this standard now.
my right tip - Labor Dresden:
"Look for the calculation of notice periods as both employers and employees as always ensure that employment under the 25th Age of the employee are to be considered, "said lawyer Horrion from Dresden.
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