Church labor law also affects employees who do not work as pastors or religion teachers in the “preaching-related” area, for example.
(Photo: dpa)
Berlin They work in day care centers and schools, in hospitals or nursing homes. But because they are employed by a church agency, they do not have the same rights as colleagues who have an employment contract with the state, private companies or secular welfare organizations.
The reason is the special labor law of the churches. It sometimes allows employees to lose their jobs, for example, because they divorced and remarried or lived with a same-sex partner. Decisions that affect private life.
However, according to a new legal opinion by the former Hamburg labor judge Peter Stein, these privileges of the churches under labor law are only justified in narrowly defined exceptional cases. Namely, when it comes to the so-called “proclamation-related” area, for example, when pastors or religion teachers are affected, of whom an advocacy for church values and principles can be demanded.
On the other hand, normal labor law should apply to educators, nurses or sports teachers employed by Caritas, Diakonie or other church organizations.
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In his report, which was funded by the Hugo Sinzheimer Institute (HSI) of the Hans Böckler Foundation, which is close to the trade union, Stein refers to several judgments of the European Court of Justice (ECJ), according to which the church’s “secondary work law” is no longer tenable in his view is. According to this, requirements that interfere with private life and result in unequal treatment of employees are at most still legal for activities “close to the proclamation”.
Constitutional Court confirms special status of churches
The Federal Constitutional Court has confirmed the special church regulations in its case law. From Stein’s point of view, however, the Karlsruhe judges have reinterpreted the right of self-government of the churches taken from the Weimar constitution into a protective norm for the churches against the state. The basic rights of employees must be weighed against the right of religious communities to self-determination, which has so far been neglected.
According to the report, the Federal Constitutional Court “excessively privileged Christian values over state labor law”.
“Unfortunately, church employees are not yet fully protected against discrimination.”
(Photo: IMAGO/Jürgen Heinrich)
It should find attentive readers among the social politicians and legal experts in the traffic light coalition. Because the SPD, Greens and FDP agreed in the coalition agreement to examine together with the churches “to what extent church labor law can be aligned with state labor law”. A total of around 1.8 million people in Germany are employed by the churches and their institutions.
In November last year, the German Bishops’ Conference presented a new basic order for church labor law in Catholic institutions. According to this, for example, sexual orientation or the chosen way of life should no longer be an obstacle to hiring or a reason for dismissal, but leaving the Catholic Church should be.
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The Federal Anti-Discrimination Commissioner, Ferda Ataman, criticized that the new basic order still contained too many exceptions. “Unfortunately, church employees are not yet fully protected against discrimination.” For example, a nurse working in a church hospital could still lose her job if she left the church for personal reasons. “I see this as an encroachment on the rights of employees and as a gateway for discrimination,” said Ataman.
The government commissioner as well as expert Stein are in favor of restricting the “church clause” laid down in the General Equal Treatment Act (AGG) in such a way that the far-reaching exceptional rights for church employers only apply to employees in the narrowest area of proclamation. Stein also proposes extending the scope of the Works Constitution Act to church institutions.
More: Pros and cons of leaving the church – and what it costs