Termination after minimum wage claim is invalid ArbG Berlin 17.04.2015 - 28 Ca 2405/15

The plaintiff worked as a janitor in Berlin and earned € 315.00 per month for 14 hours per week. This resulted in an hourly wage of ¤ 5.19, which was below the statutory minimum wage in force since 01.01.2015. The plaintiff therefore complained to his employer, who then offered to change the terms of the contract from 56 hours to 32 hours per month and at the same time offered a salary increase to ¤ 325.00, i.e. an hourly wage of ¤ 10.25. However, the janitor rejected this change to the terms of the contract. The employer then terminated the employment relationship and the janitor filed an action for unfair dismissal with the Berlin Labor Court.

The Berlin Labor Court ruled that the dismissal was inadmissible under Section 612a BGB. According to Section 612a, the employer may not disadvantage an employee in an agreement or measure if the employee exercises his rights in a permissible manner. The dismissal is invalid because the employer reacted inadmissibly to the plaintiff's justified demand to be paid the minimum wage and wanted to "reprimand" him for this behavior.