Conversations about salary with colleagues are still considered a completely taboo topic in Germany. Everyone has probably wondered how much money their colleagues make for the same job.
Related topic: How to find a high-paying job in Germany
Curiosity cannot be satisfied because a specific clause in the employment contract ultimately prohibits touching upon this topic. What is the reality? Is such a clause even allowed?
Are discussions about salary with colleagues permitted?
People don't talk about money – a statement followed by many companies in Germany.
However, people may not be aware that employers are not allowed to prohibit their employees from discussing salaries with colleagues.
According to the decision of the State Labor Court for labor disputes in Mecklenburg-Western Pomerania (Case No.: 2 Sa 237/09), such a clause in the employment contract is illegal. The regional court asserts that employees should have the freedom to discuss salaries openly.
After all, communicating with colleagues is the only way to determine whether the employer adheres to the principle of equal treatment when it comes to wage levels. Employees who discuss their salary, even if the employment contract states otherwise, are not committing a criminal offense.
Moreover, sanctions of the employment contract (warnings or dismissal) are not allowed. As in life, there are exceptions here. In some cases, employers may demand confidentiality from their employees.
In specific situations, salary information may indeed be a trade secret deserving protection. This is especially relevant if other companies could enhance their competitiveness with this knowledge.
The confidentiality clause also applies to human resources managers and works councils. Moreover, due to data protection, these individuals are prohibited from discussing salary information they learn during their work.
While any comments about one's own salary are considered unacceptable in Germany, in other countries, it is something to boast about.
This is also the case, for example, in the United States. Not only do Americans often openly discuss salaries, but sometimes the exact amount is even specified in job descriptions.
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Even though conversations about salaries with colleagues are often considered taboo in Germany, employers are not legally allowed to prohibit their employees from discussing wages. According to the State Labor Court in Mecklenburg-Western Pomerania, such a clause in an employment contract is illegal, and employees have the right to discuss salaries openly to ensure equal treatment in wage levels.
