Is it legitimate to show a change in your professional life?

Posted on by Ayan Carrillo


Is it legitimate to show a change in your professional life? Even as you get older, it's perfectly legitimate to want another change in your professional life. After all, you still have a few years of work ahead of you. You also have a definite advantage over young applicants: you already have some professional experience to show!

Is the employer entitled to structural changes in his company? The employer is perfectly entitled to make structural changes in his company, as labor lawyer Jobst-Hubertus Bauer from Stuttgart explains: "The entrepreneur may decide how he structures his company." If the company moves its headquarters from Stuttgart to Berlin, for example, that is the employer's decision.

How is the employer allowed to implement the measures he plans to take?

In this case, the employer may only implement the measures planned by it with the express consent of the works council. Silence on the part of the works council does not constitute consent. Rather, the works council must give its express consent to the measure intended by the employer.

Can the employer implement a provisional individual measure? If the employer wishes to implement a provisional individual personnel measure, it must inform the employee or applicant concerned of the factual and legal situation and, if applicable, of the works council's refusal to give its consent, either orally or in writing (Section 100 (1) of the Works Council Constitution Act), as well as

When may the employer maintain the provisional personnel measure? In this case, the employer may only maintain the temporary personnel measure if it applies to the labor court within three days for the replacement of the works council's consent and the determination that the measure was urgently required for factual reasons (Section 100 (2) sentence 2 and 3 BetrVG).

What is the right of co-determination for employees?

The purpose of this right of co-determination is to protect the interests of employees in the location of their working hours and, consequently, their free time and private life. This also applies to breaks and the distribution of working time over the individual working days.

How is the employee's duty to work specified?

The employee's duty to work must therefore be specified by the employer. The employer's right of direction serves this purpose. The right of direction, also known as the right to issue instructions, is derived from Section 106 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung =GewO) and Section 315 of the German Civil Code (Bürgerliches Gesetzbuch =BGB).

What is the legal basis for the obligation to work? The duty to work has its legal basis in the employment contract in conjunction with § 611 I BGB. The content of the duty to work is supplemented by law, collective bargaining agreements and works agreements and is specified by instructions and the employer's right of direction. In this way, the quality, time, type and place are outlined in more detail.

How is the employment relationship specified? The employment relationship is concretized by the employment contract. It is best for the employer if the content of the employment contract is undefined. Otherwise, he is already restricted in his right of direction by the employment contract.

What is a concretization of the employment contract? Even if the employment contract is designed in the sense of a "broad right of direction", a concretization of the activity comes into consideration if the employee performs the same activity over a long period of time (e.g. 10 years) and the employer, through his further conduct, has a corresponding

How can the employer accommodate employer disabilities?

When exercising the discretion, the employer must also take into account the employer's obstructions in accordance with Section 106 p. 3 GewO. If the right of direction is exercised within its limits, the employee must follow the instructions of his employer. If, on the other hand, the employer exceeds these limits, this is not the case.

How can the employer give consideration to permanent transfers? In concrete terms, this means that the employer must take the employee's family situation into account in individual cases. Also, depending on the distance, a notice period will be necessary for permanent transfers.

How should the employer be obligated to be neutral? Furthermore, the employer is supposed to be obligated to neutrality, since the election of the works council is a matter of the employees (LAG Hessen, decision of 12.11.2015 - 9 TaBV 44/15, BeckRS 2016, 66369; LAG Baden-Württemberg, decision of 01.08.2007 - 12 TaBV 7/07, BeckRS 2008, 50103).

What may constitute an obstruction of the works council election? It may constitute an obstruction of the works council election if the employer prevents or restricts election advertising in general or for individual lists or candidates. Example: The employer offered all lists to use the employer's e-mail address book once to send election advertising by e-mail.

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