Alter für Eingruppierung in Besoldungsstufe diskriminierend

Das Verwaltungsgericht in Frankfurt am Main hat am 23. August 2012 in seinem Urteil entschieden, dass eine Eingruppierung in die Besoldungsstufen anhand des Lebensalters der Beamten in Hessen diskriminierend sei. Das Land Hessen muss demnach seinen Staatsdienern die Bezüge der jeweiligen Endstufe zahlen
(9 K 1175/11.F, 9 K 5034/11. F, 9 K 5036/11.F, 9 K 8/12.F)
zur Pressemitteilung des VG Frankfurt

Grund für das Urteil waren mehrere Richter und ein Polizeioberkommissar, die gegen diese Regelung der Eingruppierung geklagt hatten. Die Kläger befanden sich zu diesem Zeitpunkt in einem Alter von Mitte 30 und Anfang 50.
Das Frankfurter Verwaltungsgericht entschied nun, dass diese Art der Regelung im Besoldungsrecht mit dem Altersdiskriminierungsverbot im europäischen Gemeinschaftsrecht nicht vereinbar sei.

Vor allem im Visier des Gerichts standen die R-Besoldung und die A-Besoldung, die sich alleinig an dem Lebensalter bis dato orientierten. Zwar würde eine Verkürzung der Verweildauer in den jeweiligen Besoldungsstufen möglich sein, sofern bestimmte Voraussetzungen gegeben sein würden, jedoch wird im Land Hessen, gemäß der Aussagen des Gerichts, von einer derartigen Höhergruppierung kaum Gebrauch gemacht. Eine vorherige Erfahrung im Beruf war bis dato nicht ausschlaggebend.

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