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A well-groomed appearance and demeanor - a requirement that employers make of employees that everyone can understand.

For some bosses, however, this means that employees come to work clean-shaven.

That is not always to the taste of the employees.

Can a boss prohibit employees from wearing beards?

"Appearance requirements intervene in the free development of personality," explains Jürgen Markowski, specialist lawyer for labor law in Nuremberg.

This applies to beards as well as tattoos, hairstyles or piercings.

In such cases, in case of doubt, the general right of personality, which is enshrined in the Basic Law, is opposed to the employer's interests.

“And personal rights usually prevail,” says the specialist lawyer who is a member of the labor law working group of the German Lawyers' Association.

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If there are special hygiene regulations in the company, the employer can, for example, demand that the employee wear a beard net, explains Markowski.

Same goes for security concerns.

For example, when an employee works on machines in which the beard can get caught.

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Under certain circumstances, an employer can expect a certain appearance from an employee who has contact with customers.

However, in the event of a dispute, he must be able to prove his legitimate interest.

"As a rule, regulations that affect personal appearance are not justified."

Works council must agree to beard ban

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In addition, the following applies: "Every collective or general instruction that affects the behavior of employees, especially if this affects the personal rights of employees, is subject to co-determination," says Markowski.

This means that if there is a works council in the company, it must first approve a ban.

In addition, the regulation must then be laid down in the works agreement.

Last but not least, one must distinguish whether a bearded person is employed in the public service or in a civil service.

The rules can be stricter here.

"But even then, it is not so easy for employers to make guidelines that limit the individual's right to privacy," says Markowski.

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This article was first published in April 2019.