German Courts Rein In Employer Power: From Teacher Transfers to Saturday Work Refusals

The boundaries of what employers can unilaterally demand from their staff are being tested across Europe — and courts are increasingly drawing the line. A spate of recent rulings and policy shifts in Germany, Italy, Belgium, and beyond shows how the balance of power in the workplace is being recalibrated, with judges and lawmakers stepping in to define exactly how far managerial authority extends.

When a Teacher's Request for Sea Air Didn't Convince the Court

Take the case of a primary school teacher in North Rhine-Westphalia who wanted to move from Recklinghausen to East Frisia. Her request was turned down by the Münster regional government, which cited a shortage of teachers in the area. The Higher Administrative Court backed that decision in July, ruling that civil servants cannot simply relocate their home and then demand a transfer. The teacher's argument about the health benefits of coastal sea air didn't hold up. She was told she'd have to wait two years before a transfer could even be considered.

The ruling underscores a key principle: the employer's right to determine where work happens — the so-called directive power — remains strong, even when personal circumstances are invoked.

These rulings show how carefully courts weigh employer obligations against individual circumstances. For UK businesses, staying on the right side of workplace law means keeping your health and safety documentation in order. A free toolkit provides ready-to-use risk assessments and checklists that help you meet your legal duties under the Health & Safety at Work Act 1974. Download the free Health & Safety Toolkit

Vietnam's School Reform: 11,000 Leaders Demoted

Across the globe, a different kind of restructuring is playing out. In Vietnam, a sweeping education reform will see roughly 11,000 school principals and their deputies moved back into regular teaching roles. Legal experts point out that under current decrees, these leaders will keep their management allowances only until their current term ends. Once a probationary period concludes, the extra pay disappears if the demotion stems directly from the restructuring — a stark reminder that leadership positions can be temporary by design.

Saturday Work: A Contract Is a Contract

Back in Europe, an Italian construction worker who was fired for refusing to work on Saturdays has won his case. His contract specified a 40-hour week from Monday to Friday, and a court ruled in early August that the dismissal was unlawful. Audio recordings played a decisive role, showing that the employer had claimed the right to decide unilaterally about weekend work. The verdict reinforces a basic tenet: when hours are fixed in a contract, changing them requires agreement — not just an order from above.

Belgium's New Contract Rules: Shorter Notice, Written Reasons

Belgium is taking a different approach. Starting August 1, 2026, new permanent contracts will come with a shortened notice period of just seven days during the first six months of employment. But there's a catch for employers: every dismissal must be justified in writing. Officials stress this isn't simply a return to the old probationary system — it's a new framework designed to give both sides more flexibility while maintaining transparency.

Bonus Plans and Works Council Rights at Germany's Top Labor Court

Germany's Federal Labor Court (Bundesarbeitsgericht) has been busy too. In the semiconductor sector, a ruling struck down a mediation committee's decision on a global bonus plan covering around 1,600 employees. The court found that while the overall budget for the bonus pool didn't require co-determination, the distribution criteria were too vague. Handing the decision to a "Board of Directors" was deemed unacceptable — meaning companies can't simply outsource such decisions to bodies that bypass worker representation.

Another case involved a works council member who had been demoted. The employer had clawed back a pay raise granted years earlier, withholding €1,620.96 net. The court ruled that the company bears the burden of proof — it must demonstrate that the original salary classification was wrong in the first place.

Tighter Rules for Benefit Recipients

Meanwhile, the rules for those receiving social benefits are becoming stricter. Since July 1, 2026, a new basic income scheme under Germany's SGB II has been in effect. Job centers can now require recipients to take up full-time positions if they're deemed reasonable — and the previous protection of one's chosen profession is gone. Exceptions exist only for caring for relatives, health limitations, or looking after children under 14 months. Refusal carries a real penalty: a 30 percent cut to the standard benefit rate, which amounts to around €168.90. In Saxony-Anhalt, the "citizen's work" model has been expanded, meaning those who turn down work opportunities face similar sanctions.

What's Next: Sick Notes on the Chopping Block

Looking ahead, Chancellor Friedrich Merz has announced plans to abolish telephone sick notes entirely in 2026. Instead, employees would need to provide proof of illness from the very first day they're off work. The goal, according to the government, is to help companies reduce absenteeism — though critics are likely to question whether this shifts the burden unfairly onto workers.

As workplace regulations tighten across Europe, UK employers face their own compliance pressures. Over 37,000 British companies already use a free toolkit with 9 ready-to-use tools — including risk assessments, checklists, and a director's liability guide — to stay compliant with the Health & Safety at Work Act 1974. Get the free Health & Safety at Work Act Toolkit

From classroom transfers in Germany to Saturday shifts in Italy, the message from courts is consistent: employers can't simply rewrite the rules as they go. Contracts matter, procedures matter, and the rights of workers — whether teachers, construction workers, or works council members — are being defended with increasing rigor.

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