Right to issue instructions and transfer reservation - Renaissance of the right of management?!
In the past, employment contracts contained professional titles. Today the function (e.g. division manager) is often named, which the employee is supposed to hold. In addition, employers often reserve the right to change the activity or place of work. In the case of restructuring that require the change in work areas and structures, the question quickly arises as to whether the employment contract design is sufficient to implement the change unilaterally. The BAG has recently commented on pre -formulated transfer clauses and the employer's right to direct. This is the reason to outline the ratio of employer rights and transfer clauses below. Attorney Dirk Helge Laskawy writes in Practice Corporate Law (PU) 2011/165f.