Classification of a Turkish teacher with a German teaching qualification in North Rhine-Westphalia BAG 25.06.2015 - 6 AZR 383/14

The lower pay for teachers of foreign origin with a German teaching qualification who teach another language in addition to the regular teaching offer is inadmissible in comparison to teachers of foreign origin with a foreign teaching qualification who teach the same language.

In North Rhine-Westphalia, teachers who teach the most widely spoken language of origin in the region are recruited in addition to the normal teachers. According to a decision by the state of North Rhine-Westphalia, teachers who have a German teaching qualification and meet minimum requirements in the required language (in this case Turkish) are to be recruited in particular. The plaintiff is of Turkish origin but has a German qualification for teaching at primary, secondary and intermediate schools. The plaintiff only teaches Turkish. According to the collective agreement for the public service of the federal states (TV-L), she is classified in pay group TV-L 10. Her colleagues, who are also of foreign origin but have a teaching qualification from their home countries, earn more and are classified in pay group TV-L 11. In order to be paid according to TV-L 11 as well, she would have to prove that she has a Turkish teaching qualification (or only a Turkish one) in addition to her German one, as she only teaches Turkish lessons.

After both lower courts dismissed the claim, the Federal Labor Court upheld the claim. The Federal Labor Court did not confirm the argument of the defendant, in this case the state of North Rhine-Westphalia, that the combination of German teaching qualifications but an exclusive obligation to teach Turkish justifies classification in the pay group TV-L 10. The decision of the state of North Rhine-Westphalia clearly favors teachers with a German university degree and additional language qualifications. According to the Federal Labor Court, the requirements placed on teachers in this decision must also be applied to teachers who only teach in their native language. The decision was therefore not sufficiently taken into account when classifying the pay group. As a result, the plaintiff is now paid according to pay group TV-L 11, just like her colleagues with Turkish teaching qualifications.

Date: 25. Jun 2015