Can he start a lawsuit against his employer?

Member since 22 July 2024

okphase1563Member22 July 2024 19:40:03

One of my German friends has been hired by a company in Köln 4-5 months ago. He is able to perform his job remotely and therefore he had asked his employer if he can move to Poland and work remotely but unfortunately, his employer rejected this. Yesterday, my friend furiously told me that he thinks of starting a lawsuit because some people in his company work from home remotely but he is not allowed.

I am not really familiar with German law but in any case, his employer would not want to work with him anymore. Besides, I really don't think my friend would won the lawsuit unless it is clearly stated in his contract that he can start working remotely anytime. Am I correct?

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore Expert23 July 2024 10:44:35

15584

Before starting a lawsuit, your friend should consult a lawyer knowledgeable in labour law.

He should also consider that, as soon as he sues, his job at that company is over - and the whole excercise will be only about a financial payment by the company to him. He also has to pay the lawyer fee from his own pocket, even if he wins (this is a specific of labour court cases. So, if he wants to continue working for this company, or if the expected payment is less than the lawyer cost, he should better not sue!

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore Expert23 July 2024 10:47:07

15584

One of my German friends has been hired by a company in Köln 4-5 months ago.

In this case he is probably still under probation - which means the employer can fire him without any problems and he cannot ask for anything (or sue)!