I work for a company and I can work 3 days in my home and 2 days I have to work in the office. But this is not written in my contract. I could work from home all the time. I already had a face-to-face meeting and got a warning because sometimes I do not come to the office during the week. Can my employer fire me because they have some internal rules that I sometimes do not follow? Thank you for your help.
Hallo LynnDe , thank you for reaching out to us with your question. I refer you to our experts, dear Faire Integration Schleswig-Holstein Do you have any advice for LynnDe? Best Barbara
Hello lynnde,
unfortunately, I cannot give you a general answer to your question. However, I can give you the following information that you should consider in your particular case:
1. In principle, the employer has a right to issue instructions and give directions. This means that he can decide how you should carry out your work. He can therefore tell you that you have to work from the office. And since this flexibility in organising your place of work is not expressly mentioned in your employment contract, you cannot rely on it.
2. Of course, there are some rules that apply here: for example, the employer may not treat employees unequally without having a good reason. How long have you been organise your working hours in this way? Do other colleagues also use this option? And has the employer given a reason why he/she does not think the way you work is okay? Have any circumstances changed?
3. If the employer has issued a warning, he/she can dismiss you for further offences in the same "area of responsibility" (i.e. offences relating to similar matters). In this case, you will have difficulty taking legal action against such a dismissal.
4. I would therefore advise you to talk to your employer and find out the reasons for his actions. Perhaps a compromise can be found.
Best Regards,
Noha