Werner Meyer hadn't thought anything of it. "Mrs. Jansen, why don't you make me a quick cup of coffee," he had said to his secretary in passing. What came next took the boss completely by surprise. His employee flew off the handle: "You can do it yourself," she shouted, "there's nothing about making coffee in my employment contract!

Regardless of whether the secretary was just having a bad day, or whether the working atmosphere had been tense for some time and the coffee request was simply the straw that broke the camel's back: the example outlined here brings us right into the subject of labor law.

Even though Ms. Jansen may have already made countless cups of coffee for her supervisor in her life - she does not have to do it. The employer does have the right of direction, also known as the right to issue instructions, but the activities to which it extends are specified in the employment contract.

Ms. Jansen states that the task assigned by the boss was not agreed in her employment contract. Thus, the secretary may refuse to make coffee. Whether it is advisable to refuse the boss's request is another matter. But after all, we are dealing with the topic of labor law here.

Labor law is based on various laws

There is no single "labor code" for German labor law that brings together all the legal regulations in one place. Rather, it is based on many different laws. Since labor law is a special part of private law, for example, some provisions of the German Civil Code are relevant to labor law. However, EU law and the German Basic Law, collective bargaining agreements and works agreements or the individually negotiated employment contract of the employee concerned also apply, for example.

E-learning as orientation in the paragraph jungle of labor law

Security Island's e-learning course "Labor Law for Managers" provides orientation in the jungle of paragraphs in labor law. The content is specially tailored to the requirements of supervisors. Participants in the "Labor Law for Managers" training course learn the most important basics of labor law, get tips on how to behave properly in difficult management situations, and learn how to avoid labor law problems in the workplace.

Those who take part in the online training course "Labor Law for Managers" will learn that labor law is based on three pillars. Firstly, on the so-called individual labor law - this is about the employers and employees involved, the establishment of the employment contract, rights and obligations as well as the termination of the employment relationship. The second pillar is collective labor law, which deals with employers' associations and trade unions, collective agreements, works constitutions and labor disputes. The third pillar is the area of occupational health and safety.

Labor law: warning for misconduct in the company

Let's recall the previously mentioned labor law example of Mr. Meyer and Ms. Jansen. Of course, the secretary does not have to fear termination without notice because of her one-time refusal to make coffee. But let's assume that Ms. Jansen cannot make the coffee because the coffee beans have disappeared: After all, the secretary has sold the entire supply of her boss's precious luxury beans to finance her drug problem. In the past, she has even received a warning for a similar offense. In this case, Ms. Jansen's days at the company would probably be numbered.

Termination of an employment relationship, according to the definition, is "a unilateral declaration of intent with formative effect that needs to be received." A distinction is made between two types of termination, ordinary termination with notice (§§ 620 Par. 2, 621 f. BGB) and extraordinary termination without notice (§ 626 BGB).

Terminating the employment relationship with ordinary notice of termination

There must be special reasons for an ordinary termination that is socially justified. They can be personal, behavioral or operational. A termination for behavioral reasons can occur, for example, if an employee is repeatedly absent without excuse. A possible reason for a person-related termination can be, for example, an illness of the employee concerned, insofar as he or she can no longer fulfill his or her employment contract due to this illness. Reasons for termination for operational reasons - everyone knows them from the business news - can be events that lead to the loss of a job - for example, a massive reduction in the workforce due to cost-cutting measures or the closure of a company following insolvency.

Human resources managers must be familiar with employment law

Managers are well advised to be familiar with labor law. Only if they know the legal requirements and options can they keep a cool head in difficult management situations. For example, if they notice cases of bullying in the workplace, they need to know what legal options they have to protect the employee concerned. The situation is similar when it comes to sexual harassment in the workforce or discrimination in the workplace.

The latter problem has become even more important, particularly as a result of the General Equal Treatment Act (AGG). The law, which has been in force since 2006, is intended to regulate protection against discrimination in labor law. All operational processes and structures, as well as all contracts and measures under labor law, must be compatible with the AGG. If someone is discriminated against on the grounds of ethnic origin, gender, religion and ideology, disability, age or sexual identity, there is a risk of claims for damages.

Labor law serves to protect employees 

The goal of the AGG is, of course, laudable. But it can also happen that a company runs into legal problems because of an unnoticed AGG violation: If, for example, the HR department of Werner Meyer's company places a job advertisement in the newspaper seeking a "dynamic secretary" to succeed Ms. Jansen, this can, if interpreted accordingly, constitute direct discrimination against older people and men.

By way of explanation: direct discrimination occurs when a person is treated less favorably than another person in a comparable position on the basis of one of the characteristics listed in the Equal Treatment Act AGG. In short: An older man who did not get the secretary job advertised can invoke the AGG. He could argue in court that he suffered material damage as a result of not being hired - and sue for the lost wages.

Labor law is full of pitfalls and managers bear enormous responsibility

You can see: Labor law is full of pitfalls. Managers who are confronted with labor law issues on a daily basis bear an enormous responsibility. They must be able to rely on legal departments and law firms to deliver good work. But they can also take the reins themselves. To do this, they need to know and understand the most important basics of employment law. They can do this with Security Island's "Employment Law for Managers" e-learning course.

Employment law online: Get to know labor law issues with e-learning 

The seminar, designed by proven experts, deals with labor law issues in all phases of the relationship between employer and employee - from the first job interview and hiring with a probationary period and fixed-term contract to possible warnings and termination. The e-learning "Labor Law for Managers" covers the labor laws of Germany, Austria and Switzerland. Finally, participants can check their in-depth and newly acquired knowledge with a self-assessment tool.