May 18, 2024

Employers have these rights

Employees interested in bringing their dog to the office should make this clear to their employer in advance. According to a famous person, Labor law lawyer in Frankfurt am Main (FFM), the employer has the discretion to deny such requests. The decision to bring a dog into the workplace is solely up to the employer.

This includes both granting permission and setting conditions for the dog to enter the workplace, such as requiring the dog to be leashed or muzzled. If you break the rules and bring your dog into the office without permission, you may receive a warning.If the violation is repeated or if there is even one violation Dismissal for reasons of conduct Possible depending on the employer.

If an employer has tolerated dogs for an extended period of time, this may develop into a corporate practice. In such cases, legal claims may arise to continue this practice. However, changing circumstances or objective reasons may justify ending this tolerance. In such situations, the interests of both parties must be weighed.

Right to keep a dog in the office in special cases

In some cases, you actually have a legal right to bring your dog into the office. This is especially true for employees who rely on dogs for health reasons. A classic example of this is guide dogs that help visually impaired employees arrive safely at work. These are mainly gentle dog breeds such as: labrador retriever, proper training is possible and will not disrupt the workplace. In these situations, allowing a guide dog in the workplace is part of the workplace’s disability-friendly design.

There are other types of assistance dogs that help their owners with physical or psychological disabilities. These include signal dogs for the deaf, which convert acoustic signals to visual and tactile signals to their owners, and signal dogs specifically trained to assist owners in stressful or emotionally stressful situations. This includes therapy dogs. The presence of these dogs in the workplace is therefore not only a legal obligation, but also an essential support for the employees involved.

Potential for Conflict: Office Dogs and the Principle of Equal Treatment

If an employer decides to only allow certain employees to bring dogs, there may be a desire for equal treatment among other employees. If one employee is granted this permission, other employees are entitled to claim the same rights on the basis of the principle of equal treatment, unless there are objective reasons justifying unequal treatment. You may feel it. However, employers often refrain from granting such permission, as this could set a precedent for further similar requests.

Having several dogs in the workplace can cause chaos and affect business order. From an employer’s perspective, it is difficult to deny permission to other employees simply because there is already a dog on site without giving preferential treatment to the original requestor. This creates a complex situation in which the interests of employees and maintaining order in the workplace must be carefully balanced.

Legal status of works councils with office dogs

The question of whether works councils have the right to co-determine the presence of dogs in offices is not yet legally clear. According to Article 87, Paragraph 1, No. 1 of the Trade Union Constitution Act (BetrVG), the works council has the right to co-determine matters concerning company regulations and the conduct of employees within the company. The presence of a dog in the office may very well fall into this category and therefore give rise to co-determination rights for works councils. This means that collective agreements can be concluded in this context and works councils have a corresponding initiative.

However, the co-determination rights of works councils fundamentally concern general questions of business order and not the individual concerns of individual employees. If the presence of an office dog impairs work performance, for example if it interferes with customer contact, the employer is free to issue appropriate instructions within its right to do so.

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