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Wages paid late: employer is liable for parental allowance gap

2020-06-12T23:27:23.818Z


The amount of parental benefit depends on the amount of income previously earned. A late payment of wages can therefore be disadvantageous for parents. What responsibility does the employer have?


The amount of parental benefit depends on the amount of income previously earned. A late payment of wages can therefore be disadvantageous for parents. What responsibility does the employer have?

Düsseldorf (dpa / tmn) - Parental allowance should help families to close the income gap during parental leave. How much parental benefit is paid depends on the income before the birth: the higher the wages or salary, the higher the parental benefit.

If, however, the parental benefit is only lower because an employee receives his wages with a delay of several months, the employer has to stand up for it in doubt: The Landesarbeitsgericht (LAG) Düsseldorf has now sentenced an employer to assume the monthly difference in the parental benefit (Az .: 12 Sa 716/19), as reported by the Bund Verlag.

Three months were missing in the calculation of parental allowance

The negotiated case concerned a woman who started a job in a dental practice in September 2017. Shortly afterwards, she informed her boss that she was pregnant. The company doctor appointed by the dentist then issued a ban on employment, which was valid for the months of October, November and December 2017.

The employer did not pay her wages for this time until March 2018 - with the result that these three months were set at 0 euros when calculating the parental allowance. The employee's monthly parental allowance was EUR 348.80. If the wages had been paid on time, the parental allowance would have been EUR 420.25 per month. Your employer should reimburse this difference.

The court largely agreed with the plaintiff and ruled that the dentist owed the difference to his employees as a claim for damages. He was in arrears with wages and acted culpably. The employee had given him a copy of the mother's passport, and the company doctor appointed had found the ban on employment. However, since the plaintiff had agreed with her employer on a wage payment settlement, she also bore part of the debt, as the State Labor Court decided.

LAG judgment

Report from the Bund Verlag

Source: merkur

All life articles on 2020-06-12

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