Article 4 paragraph 1 of the Constitution guarantees "the freedom of faith, of conscience and freedom of religious beliefs are inviolable." It can then justify a termination of employment contract, if an employee relies on this belief and refuse to the transfer of the employer to perform a certain activity? Such a situation had to decide the Federal Labor Court (BAG, Judgement of 24.2.2011 - 2 AZR 636/09, Press Release No. 16/11). It was about the refusal by a devout Muslim in the beverage department of a retail market to deal with alcohol. He was employed by the employer since 1994 and as from 2003 "Download Help" action. In February 2008 he refused to work in the beverage department, because his faith forbade him any involvement in the distribution of alcoholic beverages. The employer then spoke of a proper termination of the employment contract.
This termination reversed the Federal Labour Court and remanded the case for further fact-finding to the National Labour Court. Basically, be lawful under the decision of the Second Senate of termination. The employee has a contract with the employer, who undertakes to fulfill the tasks entrusted to it. If he works as a shop assistance, he must expect that he also receive tasks assigned which will require the use of alcohol. the employee then refuses for religious reasons to perform this task, he must inform the employer and explain exactly what work prohibits him his faith. The employer is then held to consider whether he is for the employee to another job opportunity, with the bill for religious reasons. It should be noted that the employer determines the operational organization and not the workers. Does the worker then no other contractual employment opportunity, termination is possible. (Copyright ago) is
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