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Federal Labour Court (BAG): The right to be transferred may extend to places of work abroad.
‘New Work’ is the buzzword used to discuss new ways of working, including ‘remote working’. The possibility of location flexibility is a top priority for employees – but what happens when an employer expects location flexibility as a condition of the employment contract?
Ryanair sought this flexibility from a pilot when the airline closed its Nuremberg base in 2020 and transferred the pilots based there to its Bologna base with three months’ notice. In doing so, the airline exercised its right to transfer staff to a different location, as provided for in the employment contract and ultimately based on Section 106 of the German Trade Regulation Act (GewO). Although the contract stated that the “pilot is, in principle, based in Nuremberg”, it went on to say that he must also fulfil his obligations at other locations.
Read our article, which discusses the facts of the case and the judgement in detail, free of charge in the online edition of the latest issue of Deutscher AnwaltSpiegel:
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