Employers may not set iniquitous parameters when choosing employees for the purposes of a secondment. Thus, the restriction solely to formerly temporary employees is impermissible.
Cologne, NRW -- (SBWIRE) -- 07/24/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: The principles of equitable discretion must also be observed by employers in the context of employees being officially assigned. This was the decision of the German Federal Labour Court in its judgment of July 10, 2013 (Az.: 10 AZR 915/12). The claimant was initially employed on a temporary basis by the defendant. After the conversion of numerous employment contracts to long-term status, the employer decided to relocate a few of the formerly temporary employees, including the claimant. However, in selecting the eligible employees the defendant only included the employees who had previously been employed on a temporary basis.
The claimant considered this action to be illegitimate and took the matter to court. Both the courts of lower instance and the German Federal Labour Court find in its favour. The judges made it clear that in selecting the employees a restriction to long-term employees who were previously employed on a temporary basis was iniquitous and did not comply with the principles of equitable discretion. A secondment of the claimant for business reasons was possible in principle on the basis of the wage agreement and employment contract, yet in this connection the interests of the employees and the employer had to be weighed up. However, the defendant only took into account a small circle of employees for the secondment and in so doing failed to make a permissible selection decision. Consequently, the secondment of the claimant was ineffective.
If employees feel disadvantaged by the actions of their employer and a secondment is incompatible with personal circumstances, a lawyer ought to be contacted. Employers have to observe many regulations when deciding on dismissals, secondments and changes to wages.
Short deadlines in the field of labour law necessitate immediate action on the part of the parties involved. It is advisable to quickly obtain legal assistance which can comprehensively advise and enforce existing claims.
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