Mainz / Berlin (dpa / tmn) – When an employee has his job, the employer usually determines it. Even those who had only one office as a member of the works council no longer have the right to do so after leaving the company.
The Arbeitsgemeinschaft Arbeitsrecht of the German Association of Lawyers (DAV) will inform you of a corresponding decision of the Rhineland-Palatinate Labor Court (Az .: 7 Sa 380/19).
In this case, an electrical engineer had followed his employer’s instructions instead of working individually in the open plan office in the future. The individual office must be available to his successor within the works council.
The instruction is subject to management rights
The employee refused to follow the instructions and subsequently presented a certificate recommending not to transfer him to an open plan office. During an occupational health examination, it turned out that the man had to work in an office with no more than two employees. But he also refused and complained.
Without success: the instruction of his employer was covered by his right of direction, decided the court. There are no special circumstances in which the employee should have worked after the end of his membership in the works council of the individual office.
Working as an electrical engineer does not require an individual office
For the assignment of a job in the open plan office, there are reasons of equal treatment with other electrical engineers employed in the department. On the other hand, it facilitates the exchange of information. As an electrical engineer, he did not have a supervisory role and was not subject to special rules of confidentiality which required an individual office.
The employer could not and should not have taken the damage to the complainant’s health into account in exercising the right of management unless he had known them at the time of the decision.