The 3rd Senate at the Administrative Court in Munich is negotiating with three professional judges – about the payment of a sum of money of exactly 55.22 euros. But actually it’s about much more: about the principle, say everyone involved. And in detail about the question of whether part-time employees in the police force are discriminated against when paying for their uniforms.
Around 28,000 police officers in Bavaria no longer wear forest green and beige, but smart dark blue on their shirts and trousers. The employer had donated the new equipment, but in return halved the annual service clothing subsidy of 270 euros for a period of three and a half years. So far so good.
First Police Chief Inspector Gerhard Kees also wears a uniform in the management staff of the police headquarters in Upper Bavaria in Ingolstadt. When he decided in 2019 to take ten so-called family days, the police reduced salary and working hours to 96 percent for one year – and the service clothing allowance to 60 percent. In general, says Kees, all part-time police officers, regardless of whether they work 20 or 90 percent, receive the 60 percent bonus for any new purchases of their work clothes. There are only two variants: full-time 100 percent, part-time only 60 percent.
Police Chief Inspector Gerhard Kees is suing the part-time regulation for the subsidy for uniforms.
(Photo: Susi Wimmer)
“That’s nonsense,” says Kees. And “because it’s difficult for a young colleague to sue,” the 60-year-old, district chairman of the GdP (police union) in Ingolstadt, threw his police hat into the ring. And quite successfully: in the first instance before the administrative court he prevailed, but the Free State of Bavaria went to the next instance and appealed to the administrative court.
Now the administrative court had to deal with, admittedly, “old camels”. The police dress code dates back to 1988, when calculations were still made in Deutschmarks. The subsidy used to be paid out with the salary, but today it goes to a separate account and is earmarked.
“We thought that the previous regulation did not discriminate against part-time employees,” explained chief prosecutor Beate Simmerlein for the Free State of Bavaria, “the amount is not paid out, but goes to an account”. In addition, the police officers would also have the opportunity to apply for up to 30 euros a year for the maintenance of their uniforms. “There is no distinction between part-time and full-time.”
Trade union lawyer David Gerlach explained on behalf of his client that part-time workers were seen to be worse off and clearly discriminated against. In general, a “comprehensive new regulation is planned” for the cause, said Beate Simmerlein. But so far there are only “preliminary considerations”.
“Pro rata temporis” was the magic word for the presiding judge Ludwig Wagner: i.e. pro rata. The subsidy should simply be adjusted to the working hours. He made it clear during the hearing that with a salary of 96 percent, the subsidy of only 60 percent was “unsustainable”.
And so was the verdict of the 3rd Senate, it rejected the appeal of the Free State of Bavaria. “Part-time employees must be treated equally,” said the chairman. “A cop who works 20 percent has five times as much time to get the full subsidy. That’s unacceptable.” At the same time, he allowed an appeal to the Federal Administrative Court.