#754 Sexuelle Belästigung: Darf der Arbeitgeber versetzen, auch wenn nichts bewiesen ist?

What happens when an employer transfers an employee to another location due to sexual harassment – ​​but the allegations cannot be clearly proven? The Cologne Regional Labor Court had to grapple with precisely this question in a ruling dated February 25, 2025. And the answer is surprising. In this episode of "Works Council Today," employment law specialists Vera Ivanova and Janine Schäfer analyze this fascinating case – and explain why the court nevertheless deemed the transfer lawful. The focus is on the employer's right to issue directives under Section 106 of the German Trade Regulation Act (GewO), the significance of reasonable discretion, and an important question: What exactly is legally binding in the employment contract? Topics covered in this episode: When is an employer allowed to transfer an employee to another location? What applies if sexual harassment in the workplace cannot be clearly proven? What role does reasonable discretion play in a transfer decision? What does the German Employment Contract Law (Nachweisgesetz) stipulate – and is the stated place of work truly binding? Why must the works council approve a transfer even if it's permissible under the employment contract? What happens if the employer doesn't obtain the works council's approval? 🎓 In-depth training on the topic 🎓 Sexual harassment in the workplace - https://www.waf-seminar.de/527 ❓ Do you have questions? ❓ Then ask our artificial intelligence at https://betriebsrat.ai/ or leave a comment!