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The Right of Instruction of the Employer – What are the limits?

The right of instruction is a central component of the employment relationship. The employer has a large latitude in issuing instructions and rules. But the limit lies in the personal right of the worker.

right of instruction

Right of Instruction of the Employer

The employer can carry out instructions on the execution of the work and behavior of the employees in the company (Art. 321d OR). The employee may provide different types of instructions:

  • Work instructions regulate how employees need to work. This includes technical instructions such as which method and which machine you need to use.
  • Behavior instructions regulate working, safety and the appearance or the clothes of workers.
  • General instructions may e.g. be a smoking ban, a secrecy or a duty of care.

Limits of the right of Instruction

The employee has to follow the instructions in good faith Art. 321d Abs. 2 OR). The boundary of the instruction right represents the right to privacy (Art. 328 OR). Statements that are illegal or immoral, must also not be followed as absurd or frivolous statements

Leisure not affected

What the workers do in their spare time, the employer cannot influence. Furthermore the employee can’t prohibit extreme sports such as Parachuting exercise, even though the employee injures himself again and again.
There are few specific sectors that can take due to the tighter security or health reasons, impact on the leisure of employees.

Arrangements in the employment contract

To avoid problems, the employer should define in the employment contract the duties and responsibilities of the employee. It should also be mentioned, who is the legitimate instructions supervisor. The employer may impose disciplinary measures for non-compliance of instructions. These include, for example, an oral reprimand or a written warning. Particularly hard measures such as penalties or detention must be subject to an operating order in advance.

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