Pregnant women receive wages without starting the job when generally banned from work

LAG Berlin-Brandenburg, resolution from Sep 30, 2016 – 9 Sa 917/16

The applicant was hired in November 2015, to begin the new job on the 1st January 2016. However, a medical employment ban was imposed on the plaintiff in December 2015.

The defendant therefore refused to pay her a salary. The state labor court of Berlin-Brandenburg ruled in favor of the applicant. Under Paragraph 11 of the Maternity Protection Act, she is entitled to the wages. The right to employment compensation for the duration of an employment ban does not presuppose any prior work.

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