The BAG has held that a Instruction of the employer to participate in staff meetings is not to indicate that the content of a contract amendment. Reason: the right of instruction is essentially limited to those mentioned in § 118 GewO areas, ie time, place and content of the work. A right of instruction for a conversation in which a contract modification, in this case a wage reduction to be negotiated are not there. In the case decided
had the employee refused to participate in such a personal conversation without the works / more employees. The employer had warned then. After the court decision was to withdraw the Ammahnung (BAG 06.23.2009, 2 AZR 606/08)
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