Question juridique clé
How is the amount in dispute calculated in wage claims for jurisdictional purposes?
Solution extraite
The amount in dispute is based on the claimed gross salary including claimed ancillary items, but without deducting employee contributions; employer contributions are not included.
Motifs extraits
Under § 3 Abs. 1 ZPO, the amount in dispute follows the relief sought. The claim concerned gross salary. Employee contributions may be deducted from gross pay because they are owed by the employee, but employer contributions under public or private law are not part of the employee's wage claim and therefore do not count toward the amount in dispute. Practical certainty also favors using gross salary as the reference point.