Ends the freedom of religion in the workplace? The Federal labour court shall, in the case of a cashier that complains against a headscarf ban in the Job, now the European court of justice.
collapse
What it is in the case?
Since 2002, the claimant works as a sales consultant and cashier at the drugstore chain Müller. When they returned in 2014 after a three-year Parental leave in the Job back, she was wearing – different than before – a Muslim head scarf. The branch Manager said to the woman, so he is not going to employ you, you had to work without a headscarf. In contrast, the woman legally.
During the process of delivery, argued “Müller” also: You have created in 2016, a scheme which, of course, “to appear without large-scale religious, political and ideological character” to the work. The Argument: The company had more than 14,000 employees from the most different countries. They wanted to avoid conflict within the workforce, but also conflicts in the customer contact. The cashier thinks it’s illegal.
How is the legal situation?
It’s about the tension between the personal religious freedom of workers and the freedom to conduct a business from employers. So the question is bluntly: How much do you have to limit his own exercise of religion, if you go to work?
The Charter of fundamental rights of the EU, the European Convention on human rights and the basic law emphasize the freedom of religion. In article 4 of the basic law stipulates, among other things: “The undisturbed practice of religion is guaranteed”. The Wearing of religious symbols and headgear. While the basic rights are directly applicable only in the relationship citizen – state. But also the worker must give up his Religion in General, “the wardrobe”, when he goes to work.
but The question is: to what Extent, the employer can restrict the freedom of religion effective? For the entrepreneurs freedom is a protected right. So it’s a consideration.
What to say, so far, the Supreme courts of such cases?
“Müller” is based mainly on a judgment of the European court of justice (ECJ). The strengthened of 2017, in a similar case, the corporate rights. He decided that a company should definitely prohibit to wear visible signs of their Religion or political beliefs, when it come to customer complaints. In this case, it was specifically a receptionist, whose head various customers cloth had complained. However, the ECJ said: The employer would have to consider prior to termination, first of all, if it wasn’t for a job without customer contact for the woman.
