Change of job position

Occupational health and safety standards as a limit to the employer’s right to issue instructions

The allocation of a job which does not meet the requirements of Sec. 618 para. 1 German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with the public occupational health and safety standards may nevertheless correspond to the employer’s equitable discretion if it concerns only minor or short-term infringements which cannot cause lasting damage. This is what the German Federal Labor Court (Bundesarbeitsgericht, BAG) decided in its judgement of 28 June 2018, docket number 2 AZR …

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Termination with Change of Terms of Employment on Grounds of Conduct

On 14 November 2017 the State Labour Court of Mecklenburg-Vorpommern (docket number 5 Sa 87/17) decided that a termination with change of terms of employment on grounds of conduct is socialyl justified if an employee has breached contractual obligations again in spite of a warning. In principle, this also applies in cases in which the change of terms of employment entails a transfer to a lower paid activity. The plaintiff is employed as a bus …

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