Can protected salary change?

8 posts in this topic

I'd very much appreciate opinions on a sleeping can of worms about to be opened...

 

An employee of a major company was unwillingly demoted in 2011 from manager of a department to an administrative role following a major health issue. 

 

The employee kept his managerial salary and given a letter to confirm...see below.  He also has a 40% Behinderung (disability level) that further protects his position.

 

The situation of his protected income has constantly needled higher management and co workers.  Not that he has disclosed anything to co workers. 

 

As various other staff are due to retire and others off sick very long term, the employee was called to a meeting with his immediate boss and the next higher. They talked about restructuring and asked if he would be interested in a new managerial position.  One of the managers stated that the pay scales are changing so the employee's current job would take a pay cut anyway so he might as well take up the new job...implying the same salary as present. 

 

Given that the employee has the letter (his managers might not be aware of it) ...see below for relevant section, can his current income be cut if he chooses not to take the new managerial role...or at all?  If he does choose to express interest in the new job, he would only do so for a salary increase given that all current managerial jobs are on a higher scale than his current protected one. 

 

Any advice would be very much appreciated. 

 

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48 minutes ago, engelchen said:

Is the contract governed directly by the TVöD?

Apparently yes...here's the letter intro I was sent later...the latter part of the letter is in the OP.

 

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The second part specifies that he'd keep the same salary as long as his duties don't change.

 

I think this guy really needs experienced professional assistance from either the Personalrat, the union, or an employment lawyer.

 

There are many clauses in the TVöD that protects long-term employees, but he needs someone who properly understands the TVöD and the Überleitung.

 

 

Most importantly, he shouldn't sign anything without getting advice first.

 

 

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Thank you @engelchen. I think an employment lawyer would be best to make absolutely sure.  Apparently the Betriebsrat isn't as confidential as it should be.  

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Hi emkay :)

 

I'm 100% in agreement with the recommendations given by @engelchen

 

Apropos employment lawyers.

 

I've never had any personal experience with them and, even if I had, I would not give such a firm a blanket endorsement or recommendation since, at least in actions before the courts, results may vary according to the skills of an individual lawyer - That said however I would definitely recommend use of the huge database of employment law resources offered by the Cologne based law firm Hensche.

 

(They do have offices in all the major German cities and AFAIK may even be the largest firm in their specialized field of law.)

 

A key word search of their site search acesses a list of relevant articles on their site, all current relevant legislation and statutes and multiple actual case law examples. On the left side panel of their site there are direct links to a number of other assets including a handbook to German employment law and an A-Z glossary of terminology, both of which include links to anything else on their site relating to the subjects.

 

Here's an example which may be useful;  HENSCHE Arbeitsrecht: Versetzung

 

2B

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On 6/13/2018, 2:28:30, emkay said:

One of the managers stated that the pay scales are changing so the employee's current job would take a pay cut anyway so he might as well take up the new job...implying the same salary as present.

 

Perhaps, the employer is actually concerned about paying even more money than currently through a new pay scale for a reduced contribution and it attempting to find a constructive solution.

 

If the employee was unwillingly demoted than I can only imagine their enthusiasm to now be able to make a more robust and dynamic contribution to the company, a contribution that equals the new pay scale point offered for such an enhanced role.

 

 

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46 minutes ago, Kommentarlos said:

 

Perhaps, the employer is actually concerned about paying even more money than currently through a new pay scale for a reduced contribution and it attempting to find a constructive solution.

 

If the employee was unwillingly demoted than I can only imagine their enthusiasm to now be able to make a more robust and dynamic contribution to the company, a contribution that equals the new pay scale point offered for such an enhanced role.

 

 

That could indeed be true. 

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