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Warning

I received a warning on 19.11.2009 because I was not working fast enough. Let me describe the course of the day. On that day at 1:00 p.m. I was working in a supermarket, so first I restocked the shopping carts (putting the goods back on the shelves), reduced and wrote off goods, answered the phone in between, collected goods at the front at the information desk, and when the cashiers called I had to provide prices. Then at 5:30 p.m. I took a break, after which I had to write posters and set prices for some products. At 6:30 p.m. my boss called me and told me to take the pallet of mushrooms and unpack it, so I started unpacking the pallet and putting it on the shelves by date, old items to the front, new items to the back. In between, a few customers came and asked where certain items were located. In the evening, I had to keep an eye on 3 departments, as we are alone in the evenings from 6 p.m. for 3 departments. Then my store manager came at 7 p.m. and pointed to the clock and said that by 8 p.m. the 2 pallets should be unpacked. I just grinned at him, not knowing what to say. So I continued unpacking the goods. Around 7:30 p.m. we had to collect the goods at the information desk and sign shopping lists, and a few customers asked where certain items were located. At 8:00 p.m. it was time to go home. The next day I had to meet with the department manager and store manager, and a woman from the works council was also present. They started questioning everything I had explained to them, took photos of the pallets and empty shelves, and said that I had not unpacked the 2 pallets, that I was too slow, that I talked too long with the customers, and that as a retail salesperson I should see the empty shelves and fill them up. I defended myself by saying that I had to walk with the customers and show them the goods, but they didn't care and said they would take photos every time I didn't fill up the shelves. The woman from the works council couldn't help me either, and said I didn't have to sign anything and to ask her lawyer about the photos, but she was on vacation and I couldn't ask her anymore. They are allowed to continue taking photos and intimidate me like this, threatening me with warnings. The store manager wants to bully me out of the company, I have been with the company for 17 years. I wanted to tell them that we are always supposed to walk with the customers, be customer-friendly. We don't have many employees, how are we supposed to manage everything, fill shelves, serve customers, work the cash register, and so on. My

Dr. Dr. Danjel-Philippe Newerla

Dear Inquirer,

Thank you for your inquiry!

Taking into account the information you provided, I would like to summarize my answers to your questions as follows:

Based on your description of the situation, you do not have to simply accept constant photography. In my opinion, the employer does not have a legitimate interest in this. Of course, the employer may take a photo occasionally to secure evidence if necessary.

However, according to your account, there is nothing to secure, as the filling level of the pallet or the relevant shelf does not indicate how well you are performing your duties. Therefore, the employer does not have a legitimate interest in monitoring you.

Although I cannot accurately assess how fast you work, as I was not present, based on your description, it seems that you are working normally and do not have to fear a reprimand.

If you do receive a reprimand, you should hire a local attorney experienced in labor law to challenge it. In extreme cases, you could file a lawsuit with the labor court. The labor court would then have to determine the invalidity of the reprimand.

According to the case law of the Federal Labor Court, you are not required to work extra slowly, but you also do not have to work exceptionally fast. A moderate working speed is expected. From experience, I can tell you that it will be very difficult for the employer to prove in court that you have poor work performance or an insufficient work pace.

I hope that my explanations have been helpful to you. Please feel free to contact me via the follow-up option on this portal or through my email address.

Finally, I would like to point out the following: The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information could lead to a completely different legal assessment.

I wish you a pleasant Friday morning!

Best regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774

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Dr. Dr. Danjel-Philippe Newerla

Dr. Dr. Danjel-Philippe Newerla

Bremerhaven

Amtsgerichtsbezirk: Bremerhaven

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