Where do employees have to work?
And can the employer decide when it comes to moving from an individual to an open-plan office?
The employer usually determines
where an employee has his
or
her place of
work
.
Even if you had an individual office as a member of the works council, you are no longer entitled to it after leaving.
The Labor Law Working Group of the German Lawyers' Association (DAV) provides information on a corresponding ruling by the Rhineland-Palatinate State Labor Court (Az .: 7 Sa 380/19).
In the case, an electrical engineer had sued against the instructions of his employer to work in the open-plan office instead of individually.
The individual office should be available to his successor in the works council.
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Right to an individual office at work?
The
employee
refused to obey the
instructions
and later presented a certificate recommending that he not be transferred to an open-plan office.
An occupational medical examination then revealed that the man should work in an office with a maximum of two employees.
But he also refused and complained.
Without success: the instructions of his
employer
were covered by his right to direct, the court decided.
There are no special circumstances for which the employee should have worked in the individual office after his membership in the works council ended.
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Court: Working as an electrical engineer does not require an individual office
On the
one hand, reasons of equal treatment with the other electrical engineers employed in the department speak in favor of
assigning a workplace in the
open-
plan office.
On the other hand, it makes the exchange of information easier.
As an electrical engineer, he has neither a managerial function nor is he subject to special secrecy regulations that require an individual office.
When exercising the right of direction, the employer could and should only have taken health impairments of the plaintiff into account if they had been known to him at the time of the decision.
(dpa) Merkur.de is part of the nationwide Ippen digital editorial network.
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