May the employer as a sanction prohibit working in shifts?

Question

It has issued a verbal warning, as "punishment" was forbidden me to continue working in the weekly rotating shifts. Is this legit? Do I now only work against my will in the morning shift? The warning has nothing to do with the shift work, lack of work ethic ... to do.

Answer 1

Hello VWKatrin!No, a cease and desist letter can be no "punishment". Can't do that. The warning must be specifically documented misconduct and threaten a consequence (typically the termination). This is not a disciplinary action. Opportunity must be given on, to turn off his wrongdoing before the threatened consequences. However, the AG has a right of instruction and can schedule in the different layers, whom he pleases as long as he adheres to the legal requirements (rest periods). If the warning itself is: "for you from only early shift, Ms. XY", then that is illegal. However, you can proceed. However you can not prevent that you mainly uses of AG in the context of his right of instruction in the morning shift, unless of course you can still cite social aspects, such as child care. In the case I would go then to the Works Council or the Ombudsman.Grussnavvie