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Employees can be assigned completely new tasks, provided that the employer and employees agree.

This is regulated by an amendment contract.

It looks completely different if someone does not believe in the new tasks that the employer provides.

The company then has the option to cancel the change.

What's behind it?

First of all, a look at the employment contract reveals which tasks an employer can assign to an employee at which location via his so-called right of direction.

If the executive floor wants to transfer an employee to another city, for example from Frankfurt to Munich, the transfer would not be covered by the employer's right to direct, if such a transfer option is not listed in the employment contract.

In such a case, the employer would have to give notice of an amendment notice if he absolutely wants to transfer the employee to Munich and he has not previously reached an agreement with the employee on an amendment contract.

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"A change notice consists of two parts," explains Tjark Menssen.

He is head of the legal department at the legal protection of the German Trade Union Confederation (DGB).

On the one hand it is a termination of the previous employment relationship, on the other hand the offer to continue working under changed contractual conditions.

Notice of change: Beware of worse conditions

“It is not uncommon for the new job offer that is part of the change notice to be accompanied by worse conditions than before, such as a wage cut,” says Gütersloh's specialist lawyer for labor law, Johannes Schipp.

He is chairman of the executive committee for labor law in the German Bar Association.

Those affected are often faced with the question of how to deal with a termination notice - especially if it brings worse conditions.

Menssen advises getting legal advice first.

This can be with the works council, the trade union or a lawyer specializing in labor law.

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Basically, there are three conceivable reactions of the employee to the change notice: The employee accepts the change offer.

Or he refuses and accepts his termination.

Another variant: He accepts the change offer "with reservation" and at the same time files a lawsuit against the change in working conditions.

Everything about termination

Anyone who decides on the option "accept change offer with reservation" and wants to sue must observe deadlines.

"The change protection action must be submitted to the responsible labor court within three weeks after receipt of the change notice," says Schipp.

With this option, employees can initially accept the employer's offer and, within three weeks, declare the reservation that they will accept the changes to the working conditions, if they are legally permissible at all.

“In that case, after the notice period has expired, the employee must initially work at a different location than before, even against his will,” says Schipp.

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If the employee rejects the change offer, he can also bring an action for protection against dismissal within three weeks of receiving the letter - and does not pursue the new desired activity.

"However, that is extremely risky," warns Schipp.

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If the labor court comes to the conclusion that the change in working conditions is socially justified, those affected risk their job - precisely because if the change offer is rejected, the whole thing is at stake.

According to Schipp, it is therefore advisable to accept the change offer with reservations, if somehow possible, in order to secure your own job and to defend yourself against dismissal via a change protection lawsuit.

Important to know: In some cases the notice period is less than three weeks.

"Then acceptance must be made with reservations within this notice period," explains Menssen.

One might think that an acceptance could also be made with the filing of the dismissal protection suit.

"But caution is advised here," says Menssen.

There is a high probability that the court will not serve the claim on the employer until the three-week period has expired.

Then the lawsuit would ultimately peter out.

To avoid this, you should always make the declaration to the employer directly - "and preferably in writing".