A company pension only for employees who started their business before their 50th birthday does not discriminate against women with children. This is the result of a decision of the Federal Constitutional Court, which was published on Friday in Karlsruhe.
Regardless of gender, such an exclusion rule applies to all those who have been recruited later, it states. The constitutional judges saw "no evidence of indirect discrimination against women". In addition, the statistics show that most mothers went back to working at least part-time as soon as their children are at the Kita age or have been enrolled. (Az. 1 BvR 684/14)
The constitutional complaint of a now 74-year-old woman was therefore not accepted for decision. At the age of 51 she had started to work in a company as a saleswoman. In the process, she had originally been promised occupational pension benefits. The provident fund refused to provide them. Because according to the rules no claims could be acquired after completion of the 50th year of life.
By contrast, the woman had already been brought before the Federal Labor Court in 2013, but to no avail. On the other hand, she complained in Karlsruhe, again in vain.
The Constitutional Court judges found that the applicant's child had been 25 years old when she returned to work and had completed his education. Even taking into account the right to a self-determined organization of family life, it would therefore not be apparent that the age-limit regulation would violate fundamental rights.
