| Popis: |
A fundamental part of labor law is that the employer is free to control and distribute the work. This means an opportunity for the employer to redeploy an employee within the framework of the employment. The principle of subordination means that the employee is subordinate to the employer and therefore has a duty of obedience to follow the employer's regulations. An employee is obliged to perform tasks that are justified according to the 29/29 principle. The tasks must have a natural connection with the employer's business, the work is performed on behalf of the employer and that the tasks fall within the employee's professional qualifications. The implication is that an employee is obliged to accept the relocation, provided that it falls within the employee's work obligations and that the relocation does not contravene applicable rules and laws. The purpose of the work is to examine how far the work management right and work obligation extend in the event of a relocation. Furthermore, the possibility for an employee to refuse to perform tasks that go against his morals and conscience, even though the tasks are in accordance with the work obligation, is tested. The essay also addresses circumstances when a relocation is considered legitimate or not. As neither the right of management nor the duty to work is in principle legislated, case law and doctrine have been the main sources of law to determine the applicable law. The employer's right to manage and distribute the work is extensive and the employee's obligation to perform tasks is comprehensive. However, both can be limited by provisions in employment contracts and collective agreements, but also legal provisions regulated in, among other things, MBL and LAS. |
