{"id":11929,"date":"2025-08-09T19:48:40","date_gmt":"2025-08-09T19:48:40","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=11929"},"modified":"2025-08-10T08:14:24","modified_gmt":"2025-08-10T08:14:24","slug":"arbeitsrecht-versetzung-ins-ausland-und-kuendigung-lag-koeln-zieht-klare-grenzen","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/labour-law-transfer-abroad-and-termination-in-cologne-draws-clear-boundaries\/","title":{"rendered":"Labour law: Transfer abroad and dismissal - LAG Cologne draws clear boundaries"},"content":{"rendered":"

Regional Labour Court Cologne, 26.01.2023, Ref. 8 Sa 473\/22<\/strong><\/p>\n

The decision of the Cologne Regional Labour Court (LAG) of 26 January 2023 (Ref. 8 Sa 473\/22) concerns several key issues of labour law: Transfer abroad labour law<\/strong>The following issues are addressed in this context: the limits of the right to give instructions, requirements for dismissals with notice of change and the validity of dismissals due to allegedly false accusations.<\/p>\n

For employers and employees, the judgement is a textbook case of when instructions are invalid and when dismissals are not valid in court.<\/p>\n

<\/span>The facts of the case: From executive to counter in Istanbul<\/strong><\/span><\/h2>\n

The plaintiff, who has been employed by a partly state-owned Turkish airline since 2010, most recently earned Operations and sales manager<\/strong> in Cologne around 6,833 euros gross.<\/p>\n

Two drastic directives were issued at the beginning of 2020:<\/p>\n

    \n
  1. \n

    06 January 2020<\/strong>Transfer to the Airport counter Cologne\/Bonn<\/strong> as a clerk - a significantly lower-paid job.<\/p>\n<\/li>\n

  2. \n

    24 February 2020<\/strong>Transfer from 01 March 2020 as a case officer to Istanbul, with only six days to decide.<\/p>\n<\/li>\n<\/ol>\n

    The plaintiff rejected both transfers. A short time later, the employer dismissed him without notice and, alternatively, dismissed him with notice. Allegation: The plaintiff had unjustly accused his superior of assault and insult.<\/p>\n

    <\/span>The decision of the LAG Cologne<\/strong><\/span><\/h2>\n

    The court ruled in favour of the plaintiff on key points:<\/p>\n

      \n
    1. \n

      Transfers ineffective<\/strong><\/p>\n