Pondering Resignation Options: Is Working From Home an Alternative?
When your workplace gets relocated, it can present a challenge. The temptation to just work from home might be strong, but your employer isn't obligated to offer this as an alternative, as suggested by a ruling from the Landesarbeitsgericht (LArbG) Stuttgart (AZ.: 9 Sa 42/24), as highlighted by the Arbeitsgemeinschaft Arbeitsrecht of the German Bar Association (DAV).
In this specific case, an employer opted to shut down a location and subsequently issued a change of location termination to an employee. The employee wasn't keen on working from the new location and demanded a home office arrangement instead. The employee challenged the termination with a wrongful dismissal lawsuit, aiming to prove that the change in working conditions was illegitimate.
The employee's average monthly gross salary was 5620.53 euros.
Home Office Isn't Automatic
The lawsuit was dismissed by the labor court in Villingen-Schwenningen, and the appeal to the Landesarbeitsgericht Stuttgart was unsuccessful too. Since the employee's workplace was eliminated due to the location closure, the termination was deemed socially justified.
Related Topic Who Gets the Boot First in Employment Law Terminations?
The court deemed it fair for the employer to expect the employee to continue their job at the new location, given that a business restructuring took place. Only if there was a contractual agreement or a company-wide precedent for home office positions would such an arrangement have been required. In the absence of such conditions, a change of workplace need not be tailored in this manner.
An appeal was lodged with the Federal Labor Court (Az.: 2 AZR 302/24).
Sources: ntv.de, awi/dpa
- Legal Issues
- Workforce Mobility
- Employment Contracts
- Company Policies
- Workplace Relocations
- Lawsuits
- Employment Disputes
- Labor Courts
- Business Restructuring
Enrichment Insights:
- When an employer decides to move a workplace: Generally, employers can choose the new location, provided it's within the terms of the employment contract and reasonable for the employee.
- Home office alternatives: Home office arrangements can be offered but are usually subject to agreement between the employer and employee. The employer isn't obligated to provide home office options unless stipulated in the employment contract or company policy.
- Reasonable and undue hardship: Courts often investigate whether a workplace relocation causes undue hardship for the employee, taking factors like commuting time, relocation costs, and impact on family life into account.
- In the event of a workplace relocation, an employer is not obligated to offer a home office arrangement unless it is stipulated in the employment contract, company policy, or there is a company-wide precedent for such positions.
- A business restructuring may warrant an employee to continue their job at the new location, and home office options may not be required unless they cause undue hardship for the employee, taking factors like commuting time, relocation costs, and impact on family life into account.
