The employer’s right to give instructions arises from Section 106 of the Trade Regulation Act (GewO) and Section 315 of the German Civil Code (BGB).
It empowers the employer to define certain aspects of the work execution.
These include the location, time, content of the work as well as workplace behavior and work clothing.
However, when exercising the right to give instructions, the interests of both parties must be taken into account.
The limits of this right are defined in particular by the fundamental rights of employees.
Employees are obliged to follow only lawful instructions.
These regulations ensure that employees’ rights are protected while employers can implement their organizational requirements.
A long-time employee of an industrial company was duly terminated as of February 29, 2024, after repeatedly violating the company dress code.
Since his employment in 2014, the person concerned has worked in the production area, where, according to company policy, red protective trousers provided by the employer are mandatory.
Despite two warnings in November 2023, the employee continued to refuse to wear the required red trousers and preferred to wear black trousers instead.
After his dismissal, the man filed a wrongful termination suit, but this was unsuccessful. Both the Solingen Labor Court (judgment of March 15, 2024 - 1 Ca 1749/23) and the 3rd Chamber of the Düsseldorf Regional Labor Court (judgment of May 21, 2024 - 3 SLa 224/24) confirmed the legality of the dismissal.
The court found that the employer was entitled, within the scope of its right to issue instructions, to specify red as the colour for the work trousers. The plaintiff's personal rights in the less important social sphere were sufficiently taken into account, so that any objective reason was sufficient for the instruction.
I was able to convince the court with two key arguments to justify the dismissal of a long-serving employee. Firstly, occupational safety was of key importance: the use of red as a signal colour was considered essential because the employee worked in production areas where forklifts were also used. The red work clothing therefore significantly increased the visibility of the employees and significantly minimised the risk of accidents.
Secondly, the State Labour Court highlighted the importance of “corporate identity”, which is strengthened by uniform work clothing in the factory halls.
The dismissed employee, however, was unable to provide any valid reasons for his refusal to wear the red work trousers that he had previously worn for years without any problems. His aesthetic concerns regarding the colour of the trousers were not sufficiently supported by the judges of the LAG.
After repeated warnings and persistent refusal to follow instructions, the court considered the company's interest in terminating the employment relationship to be paramount. An appeal was not allowed.
(LAG Düsseldorf, judgment of 21.05.2024)
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