Employee Obligations

An employee has certain rights, but also a number of legal obligations. The Civil Code regulates the employee’s obligations in a number of short articles (BW articles 1639). For example, one of the articles stipulates that the employee must perform the agreed work himself and may only be replaced by someone else with the employer’s permission. You can read what other legal obligations an employee has in this article.

Legal Obligations of Employee

Legal Regulations . The article Employer Obligations discusses the legal obligations (and therefore the employee’s rights). However, an employee also has obligations, laid down in the Civil Code (BW), which are explained in this article.

Employee obligations Civil Code

Civil Code article 1639 . The Civil Code regulates the employee’s obligations in a number of articles.

  • Article 1639a states that the employee must perform the agreed work himself and may only be replaced by another person with the employer’s permission.
  • The Act imposes an obligation on the employee to perform the work to the best of his or her ability
  • Furthermore, the employee is obliged to follow reasonable orders and orders (employer).

Reasonableness of Work Assignment

Obligation Assignment . Whether or not a given work assignment is reasonable must be assessed on the basis of what the employer and employee have agreed in the employment contract and the existing legal obligations (see The Employment Agreement). It is very important what has been agreed on this in the employment contract, as an employment dispute often has its origins in differing views of the employer on the one hand and the employee on the other. The concept of reasonableness is therefore not unambiguous.

Employment contract Refusal of work

Refusal to work – Employment contract . The employer may be convinced that the assignment given to the employee is reasonable and therefore consistent with what the parties agreed upon entering into the employment relationship. The employee, on the other hand, may be convinced of the opposite and refuse to perform the assigned work. In the worst case, the employee will be summarily dismissed due to the employee’s refusal to work. Here too, there is no uniform rule as to whether or not a given order or work assignment is reasonable, despite the fact that such an employment dispute may lead to an employment contract being terminated by one of the parties.

Terminate employment contract

Probation . The article The Employment Agreement discusses the differences between an employment contract for a fixed or indefinite period. This distinction is also important for the manner in which the employment contract can end. For example, during an agreed trial period, which is possible with both a fixed-term and an indefinite-term employment contract, both the employer and the employee can terminate the employment contract overnight. Dispute and Dismissal . The BBA Act – Extraordinary Labor Relations Decree – stipulates that before the employment contract can be terminated by one person to another, the director of the CWI (formerly the Labor Office) must have issued a dismissal permit. The dismissal procedure is therefore subject to legal regulations. If the employee does not agree with a threatened dismissal by the employer, as for example above in a dispute about the reasonableness of the work to be carried out, he or she can protest against this dismissal and can start a procedure that will be dealt with by the subdistrict court judge. . The dismissal procedure and summary dismissal are discussed in detail in Dismissal Law & Dismissal Procedure and Immediate Dismissal, respectively. The article Obligations of the Employer discusses the obligations of the employer with regard to (and therefore the rights) of the employee.

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  • Works Council & Law (WOR)