Curious facts about the (long) weekend - Wrong trouser color entitles to termination of employment

If an employee repeatedly violates the dress code in their company - despite a relevant warning - a dismissal for conduct-related reasons by the employer may be socially justified and therefore effective. This was the decision of the Solingen Labor Court in March at first instance. The employee refused to wear red work trousers (provided by the employer) and repeatedly appeared in his (own) black work trousers.

According to the labor court, the red trousers were protective work clothing and the employer's right to issue instructions therefore covered the order. The employee's personal aesthetic perception was not of overriding importance when weighing up interests (ArbG Solingen, judgment of 15.03.2024, Ref. 1 Ca 1749/23). The proceedings are currently under appeal, meaning that a final decision for the parties is still pending.

PBC legal takeaways: The question of red or black work trousers is not exactly of historical legal significance. Nevertheless, company partners and labor courts are repeatedly involved in company disputes about employer specifications regarding clothing and the external appearance of the workforce. In the area of flight attendants, for example, this has often led to discussions (e.g. about dress codes or hairstyle and fingernail design). Apart from tangible specifications relating to occupational safety (protective clothing), it is a fine line to walk in each individual case between the employer's desired corporate identity and the employees' personal rights.