1 BvL 8/08

Employees of state hospitals in Hamburg were granted the right in 1995 to continued employment in case of privatization of the hospitals. In 2000, the cleaning staff were spun out into a separate company which was a wholly-owned subsidiary of the state hospitals. Upon privatization in 2005, the right to continued employment was applied only to those employees employed by the state hospitals, not those employed by the wholly-owned subsidiary company. The Court held this to be in breach of the right to equal treatment enshrined in the German constitution as the cleaning staff denied the right to continued employment due to the spin-off were predominantly women and there was no evident justification for the unequal treatment of the two groups of employees.




Federal Constitutional Court (Bundesverfassungsgericht)

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