Right of direction

The right to give instructions, also known as the RIGHT TO DIRECT, allows the employer to determine the content, place and time of the work performance at his reasonable discretion. However, this only applies if your working conditions are not governed by your employment contract, a Works agreementan applicable collective agreement or statutory provisions (Section 106 GewO). For you, this means that the more precisely the content, place and time of your work performance are regulated in your contract, the more difficult it is for your employer to deviate from them. However, we strongly advise against simply refusing to follow an instruction if you are of the opinion that your employer has no right to issue instructions, for example because there is already a precise regulation. In this case, it cannot be ruled out that your employer will dismiss you. If it is then established in court proceedings that the instruction was lawful, the Termination unless there are other grounds for invalidity. You therefore run a high risk if you misjudge the situation. If it is not an obviously unreasonable instruction, you should follow the instruction for the time being. You can still inform your boss of your opinion promptly and, if necessary, review it in court. The review then takes place in two steps: The first step is to check whether the instruction was covered by the right of management or the right to issue instructions in the first place. If this is the case, the second step is to check whether the instruction was also in line with what is known as reasonable discretion. In doing so, your employer must Weighing of interests between his interests and yours. For example, he cannot transfer you from Berlin to Munich if you live with your family in Berlin without any particular interest of his own. However, this is not impossible. If a Works council is present, the employer may have a right of co-determination. It therefore always depends on the individual case, which is why you should always seek legal advice if you do not want to follow an instruction from your employer.