Federal Labor Court

u0085 The ecclesiastical right of self determination is based on the fundamental right of freedom of religion under article 4 of the basic law and the State-canonical principle of separation of Church and State, which is reflected in articles 136, 137, 138, 139 and 141 of the Weimar Constitution in conjunction with article 140 basic law. The legal regulation of the religious right to self-determination can be found in article 137, paragraph 3 of the Weimar Constitution, which is part of the basic law for the Federal Republic of Germany in accordance with article 140 of the basic law today: any religious society arranges and manages its Affairs independently within the limits of the for all applicable law. It gives their offices without the participation of the State or the civil community.”* why is the principle of non-intervention, such as when a nurse, extended to the labour law? > Heidelberg (tmn) – religion teacher, educator, Pastor or organist: workers who are employed by the Church, are subject to some labour arrangements. This confirms also a new ruling of the Federal Labour Court. From the Church to withdraw a Protestant teacher? As a physician in a Catholic hospital, submit the divorce? Workers who are employed by the Church can get problems.

Now also a psychology from Mannheim had to determine that, who worked at a Caritas Centre. He resigned from the Church after the numerous cases of abuse in Catholic institutions. Then, the employer announced it. Rightly, the Federal Labor Court ruled on Thursday (April 25). The outlet was a severe Breach of loyalty.

But what labour arrangements are still valid? Usually, after the religious affiliation in job interviews questions are off-limits. For Church employers, it’s different. “Trend-related questions are allowed here”, explains the jurist Michael Eckert from Heidelberg, Germany. An evangelical kindergarten may for example require that the teacher belongs to the Evangelical Church and ask in the interview.

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