workplace

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In labor law, the place of work is the place where an employee's workplace is located. In the public service , the place of work is also called the place of employment . The social security law knows the place of employment .

species

The place of work can place of business of the employer, a branch office , branch office , branch office , branch or another be the employer assigned place. In the case of companies with a branch network in particular , the employment contracts usually do not provide for any restriction on the place of work. Not only all companies or a specific company of the employer can be agreed as the place of work, but also a spatially specified workplace within a company. It is also possible to specify changing locations in the employment contract that are not specified in advance ( construction site , assembly ). In customer service , the place of work is the respective customer . If the place of work is not specified and cannot be determined by interpreting the employment contract, then, in accordance with Section 269 (1) BGB, the place of business is usually decisive if the employee is permanently employed there, and thus the place of work of the employee. Of work can also be the home of the employee to be ( home working , teleworking ), since homework is carried out "in their own apartment or self-chosen place of work" ( § 2 para. 1 homework Act ).

Legal issues

According to Section 106 GewO , the employer may determine the worker's place of work at its own discretion ( right to issue instructions ), unless the place of work is determined by an employment contract , provisions of a works agreement , an applicable collective agreement or statutory provisions. According to the Federal Labor Court (BAG), the place of work is the place at or from which the employee actually fulfills the major part of his work obligations towards his employer , taking into account all the circumstances of the individual case . It is the employer's task to specify the place of work in more detail in this context. If the place of work is bindingly specified in the employment contract, the assignment of an activity to another location requires an amendment contract or a termination notice .

The change to a (different) branch, branch, branch or branch is usually a transfer . A change of place of work for more than a month, which is atypical for the employment relationship, is usually a transfer requiring co-determination . However, no entitlement of the employee to this can be derived from long-term employment at a permanent place of work. Accordingly, the employer has the right to transfer the employee if no fixed place of work is agreed in the employment contract. Even if the place of work is expressly mentioned in the employment contract, the employer may, in certain cases, be entitled to reassign the employee to another place of work without having to give notice of a change in notice ( Section 1 (2 ) KSchG ). In the case, the Federal Labor Court (BAG) concerned a flight attendant whose employment contract stipulated a specific place of work at the start of the contract. The operator's obligation, contained in the employment contract, to indicate a home base for each crew member does not require a contractual stipulation of the stationing location. Rather, it is not ruled out to change this home base by relocating with appropriate contractual conditions by way of the right of direction.

The so-called transfer clause in employment contracts grants the employer the right to change the employee's place of work if necessary. This relocation clause eliminates the employee's right to a permanent place of work, because the employer is basically entitled to determine the place of work within the federal territory more precisely at its own discretion. This clause clearly shows that a transfer to any place of work in the company can be considered.

The fact that an employee aligns himself with the work carried out and in particular with the place of work in the course of time with regard to the design of his personal environment is only a consequence of many years of activity and, without additional circumstances, no specification of a specific place of work.

In the event of disputes arising from the employment relationship, legal action can be brought before the labor court that is responsible for the place of work (place of jurisdiction of the place of work). According to Section 48 (1a ) of the Labor Court Act (ArbGG), this is the place where “the employee usually does his job or has last usually done it”.

Place of work and mobility

At the place of work is often through the town and the privacy of workers coupled. The change of place of work while maintaining the place of residence is an expression of the mobility of employees. For this purpose, the term work-related mobility has emerged in work and mobility research. Here is residenzielle mobility occurs when the residence is maintained while at the circular mobility is moved to the new place of work is the location. If the place of work and place of residence are not identical, the employees are commuters . In Germany, the commuter rate was 60% in 2015, while in North Rhine-Westphalia there was a commuter rate of 50.6% of all employed persons. Here pointed Dusseldorf - related to the workers at the work - most commuters (58%), followed by Bonn (55.4%), food (46.6%), Duisburg (45.6%), Muenster and Bochum ( 44.6%) or Cologne (44.1%). Cologne led with the absolute number of 315,744 in-commuters, followed by Düsseldorf (296,037). Throughout Germany, Frankfurt am Main led with 313,650 inbound commuters, followed by Munich (308,990), Hamburg (294,460), Berlin (220,880), Cologne (214,940) and Düsseldorf (209,890). The average commuter distance in 2016 was 16.91 kilometers.

See also

Individual evidence

  1. ^ BAG, judgment of December 3, 1985, Az .: 4 AZR 325/84
  2. ↑ BAG, judgment of December 20, 2012, Az .: 2 AZR 481/11
  3. ^ BAG, judgment of November 14, 1989, Az .: 1 ABR 87/88
  4. ↑ BAG, judgment of 10 August 2013, Az .: 10 AZR 569/12
  5. ^ BAG, judgment of September 26, 2012, Az .: 10 AZR 311/11
  6. ^ BAG, judgment of April 13, 2010, Az .: 9 AZR 36/09
  7. ^ BAG, judgment of April 13, 2010, Az .: 9 AZR 36/09
  8. ↑ Angela Poppitz, Professionally Rail Travel , 2009, p. 23
  9. ↑ Ulrike Hellert, Arbeitszeitmodelle der Zukunft , 2014, p. 37
  10. ↑ WDR from January 18, 2017, Every second person in North Rhine-Westphalia is a commuter
  11. ↑ Statista The statistics portal, German cities with the most employed people from the surrounding area