Gütersloh (dpa / tmn) – Look back on the past year and agree on new goals for the coming: Many companies hold an annual employee review for this. But are workers entitled to it?
“That is not stipulated by law,” says Johannes Schipp, specialist lawyer for labor law from Gütersloh. Employees cannot claim a meeting in the form of a “cash drop that takes place once a year”.
Statutory regulations from which a similar claim can be derived are paragraphs 81 and 82 of the Works Constitution Act (BetrVG). There it is stated that the employee has the right to be heard by the person responsible for company matters that affect him.
“Here, however, there has to be a specific reference to work activity,” explains Schipp. It would be conceivable, for example, that an employee would want to speak to his superior because the corona distance rules for infection protection are not being observed at his workplace.
On the other hand, employees are obliged to take part in discussions with their employers. “As long as it is related to work and, for example, it is about benefits, employees cannot simply refuse such a conversation,” says Schipp.
About the person: Johannes Schipp is a specialist lawyer for labor law in Gütersloh and chairman of the executive committee for labor law in the German Bar Association.