Definition
The right to issue instructions allows the employer to unilaterally assign tasks, a place of work and working hours to the employee within the agreed framework – without having to give notice of change. The limit is reached where the instruction unreasonably disadvantages the employee or can no longer be objectively justified. The employee is not obliged to comply with such an instruction.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
The right to give instructions (Section 106 of the Trade Regulation Act) allows the employer to specify the content, place and time of your work in more detail – but only within the framework of the employment contract, applicable works agreements and at their reasonable discretion.
Distinction from related terms
Employment contract: The right to give instructions allows the employer to specify the content of the work in more detail. However, it is limited by the framework conditions set out in the employment contract.
Reasonable discretion: Instructions must be given in accordance with ‘reasonable discretion’, i.e. taking into account the interests of both parties. The right to issue instructions is therefore not exercisable at will, but is subject to legal restrictions.
Practical tip
Practical tip: You don’t have to accept every instruction. The more precisely your role is defined in your employment contract, the less your employer can unilaterally transfer you to another position or assign you different tasks. Read your contract carefully – it’s your best line of defence.
