Company pensions can be calculated differently for blue-collar workers than for white-collar workers. BAG 17.06.2014 - 3 AZR 757/12

The plaintiff had been employed by the defendant as an industrial employee since 1998. The company pension regulations provide for a total pension for employees who joined the company before January 1, 2000. In addition to a percentage gross and net total pension cap, the pension regulations stipulate that the company pension may not exceed the amount resulting from the multiplication of the pensionable years of employment by a basic amount. The basic amounts for salaried employees are higher than the basic amounts for industrial employees in the same pay group.

The Labor Court had upheld the action by which the plaintiff sought to have the basic amount provided for salaried employees in his pay grade taken into account when calculating his company pension. The Regional Labor Court had dismissed the action. The plaintiff's appeal to the BAG was unsuccessful.

In the opinion of the BAG, the different treatment of industrial workers and salaried employees with regard to the basic amounts is not objectionable. Commercial employees of the defendant received bonuses and supplements to which salaried employees in the same remuneration group were not entitled or to a much lesser extent. Commercial employees therefore achieved a higher pensionable salary and are entitled to a higher statutory pension than employees in the same remuneration group. It is therefore permissible to set lower basic amounts for industrial employees than for salaried employees in the same remuneration group in view of the total pension promised.