Employer’s Right to Supervise Work
The fifth source of regulations governing the employment relationship consists of an employer’s right to supervise the work. The employer has a right to supervise the work undertaken by his/her employees. Consequently, the employee is under an obligation to follow directions given by the employer within his/her sphere of authority. However, legislation, collective bargaining agreements and the contract of employment take priority over the employer’s directions. The employer may only use his/her supervisory powers to the extent permitted by the sources of regulation ranking higher.
As the contract of employment restricts the employer’s right of supervision, it would be wise to, for example, define the employee’s duties broadly in the contract of employment. Then it is possible for the employer to use more freely his/her right to supervise work.
The right of supervision comprises e.g. the organization of work assignments and working methods, e.g. changing a certain mode of working. As a starting point it is also the employer’s right to decide where and when the work is undertaken, subject to restrictions in legislation. In addition, the employer may decide when annual leaves can be taken during the holiday period. Material changes to the employee’s working conditions, however, usually require compliance with the co-operation procedure according to the Co-operation Act. Co-operation procedure regulates the process but does not replace the employer’s supervisory powers. For further information, see [Co-Operation].