German labor law clarifies dismissal rules for performance and private conduct

Recent legal interpretations in Germany clarify the boundaries of employer rights regarding employee performance and private conduct. Under German labor law, performing duties strictly according to contract—often called ‘working to rule’—is not grounds for dismissal. Employers cannot terminate staff simply because they refuse unpaid overtime or voluntary extra tasks. While a permanent and significant drop in performance can lead to termination, the employer must provide concrete evidence, and the standard of performance is based on the individual’s personal capabilities rather than a fixed average.

In a separate ruling, the Düsseldorf Labor Court (Arbeitsgericht Düsseldorf) overturned a summary dismissal involving a public service employee. The employee had been fired following a private dispute with police officers at his home. The employer argued the employee had misused his official position, but the court ruled that the incident was a private matter and did not constitute a valid reason for immediate termination.