The termination of an employee who refused for religious reasons, the work is unlawful for the employer to him under the company organization can assign a different job. Specialist Susan Höpfner ( hoepfner@kanzlei-am-rosentor.de ; Tel: 05251 / 1227-44) indicates that a corresponding decision by the Federal Labor Court of 24.02.2011.
In this case, a Muslim worker who refused to work in the beverage area of a retail market, because he let his faith strictly forbids alcohol to spread. The plaintiff is a devout Muslim. He has worked since 1994 in a large department store. Since 2003, he was employed as a shop assistance. In February 2008 he refused to work in the beverage industry. He relied on his faith, which prohibits him strictly in the distribution of alcoholic beverages contribute. The defendant then announced the employment relationship. That court considered the termination of Schleswig-Holstein effective. In contrast, the applicant submitted a revision.
The BAG has reversed the decision of the LAG and the case remanded for a new trial and decision. Because after the recent progress can not yet judge whether the refusal of the plaintiff to work in the beverage department, which justified the dismissal. As explained in the BAG, must count as shop help in a retail market, employed workers with the assignment of work tasks that require the use of alcohol. Make He claims to be prevented on religious grounds in the exercise of contractually agreed activities, he must notify the employer, the exact nature of the religious reasons. He also had to demonstrate to the employer at which he works to see prevented.
Could the employer as part of the business organization to be fixed by the employee to assign a contractual employment, the religion-related limitations into account, is a dismissal unlawful. (BAG, decision of 24.02.2011, Az: 2 AZR 636/09)
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