Are you dissatisfied with your salary and suspect your male colleague is getting more? Then what you can do. And why a current verdict is important for employees here.
On average, women in Germany earn less than men. According to the Federal Statistical Office, their earnings per hour in 2022 were even seven percent below those of their male colleagues if they had comparable qualifications, jobs and employment histories.
But a landmark judgment by the Federal Labor Court (BAG) in Erfurt could now ensure more wage equity. It recently decided in the case of a woman from Dresden who at times earned 1000 euros less per month than a male colleague with the same responsibilities and powers who had just been hired (Az.: 8 AZR 450/21). In favor of the plaintiff: It awarded the woman back wages of 14,500 euros and compensation of 2,000 euros.
According to the court’s press release, a woman is entitled to equal pay for equal work or work of equal value if the employer pays male colleagues higher pay on the basis of gender. Nothing changes if the male colleague demands higher pay and the employer gives in to this demand.
That sounds like good news for women workers. But many of you should now first ask yourself the question: How much do my male colleagues actually earn – and how can I find out?
The good news: There is an official way to do this, at least in larger companies. “If the company has more than 200 employees, I can claim information,” says attorney Nathalie Oberthür from Cologne. “Upon request, the employer is obliged to communicate the median salary of the opposite sex in the same or an equivalent job.”
However, the following also applies: the employer does not have to disclose the median salary of female employees. The published value can only be compared with your own salary. “However, such a number can serve as the first indication of gender-related disadvantages,” says Oberthür. “If this indicates a clear discrepancy, the employer must prove that there are factual reasons for differentiation.”
And this is where the judgment of the Federal Labor Court may make the decisive difference in the future. “In such cases, employers have often referred to the fact that the salary differences were due to the current market situation and therefore to the negotiating position of the other party,” says Oberthür. Since the BAG’s most recent judgment, this is no longer possible. Because that decided that a good salary negotiation was no longer enough to justify a salary difference.
However, there is a catch: If a company has fewer than 200 employees, there is no individual right to information. In that case, however, the employees would still have to go to the works council, according to Oberthür. “Following a complaint, he can find out about any salary differences.”
However, if nobody has a job that is remotely comparable in their own company, a direct comparison is likely to be difficult. So what helps in salary negotiations if you still need a good result here?
Negotiation coach Claudia Kimich advises clearly defining your own salary goals: This includes a maximum goal that is above the salary you would be happy with and a minimum below which you do not want to go. Her tip: It is hardly possible to set it too high. If you are unsure, you can also find out more on comparison portals.
If you want to come out of the salary negotiation for a new job with a good result right from the start, you should always prepare well in advance. This includes dealing intensively with your own skills – and asking yourself the following questions: “What have I done so far? What is my share of what I have done? And what benefit do I offer the company?” Kimich.
It can also be helpful to make a list and write it down: “What am I very good at? What am I good at?”
In the negotiations themselves, Kimich then recommends choosing clear formulations. Words like “would, could, could” have no place in salary negotiations. Instead, the following applies: “Generally choose active words,” says the negotiation expert. You could say, for example: “I did the project, so you have this benefit.”
If you find it difficult to go into negotiations with confidence, Kimich advises above all: “Practice, practice, practice!” It makes sense to say the amount you want to ask out loud several times. “Choose five personalities and practice speaking, making arguments, pronouncing the number as these personalities.”
