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Sep 3, 2020 at 8:34 comment added Lilienthal @svavil It's certainly possible, but he'd be renegotiating and given his update this would be for 2 years. He'd have to start with discussing this with his manager either way so order-wise that conversation would come first. And it's a tricky conversation to navigate so it's something I'd really want to see addressed in answers here. (Though for the record, I didn't downvote your answer.)
Sep 2, 2020 at 15:28 history edited svavil CC BY-SA 4.0
explicit order
Sep 2, 2020 at 15:28 comment added svavil @Lilienthal I assumed that the OP would be able to negotiate a "remote" clause in their contract, and talk about moving to another city after that. Let me make the order more explicit in the answer.
Sep 2, 2020 at 15:16 comment added guest @Lilienthal: Okay, thank you for your reaction and the offer to chat about it! For the first point, I did misunderstand you - I though you would say they could fire him right away. For the second point (report deaily at 0900) I do think this would be bullying (since this did not happen before, there is no real reason, a pandemic and other collegues do not have to do this). However, I can only point to common sense and have no real proof, so it would probably not make sense to chat. But I will try to find some relevant European court rulings - if I do, I will find you in the chat! Thank you!
Sep 2, 2020 at 14:42 comment added Lilienthal @guest That's why I was careful to phrase it as not being able to come on site. :) If they tried to fire him directly over moving away that's indeed a legal minefield. If the move is across country borders it becomes even more complex. Any smart company will instead just tell the OP to report to the office at 0900 sharp daily which he can't, then either wait until he resigns or fire him. Requiring someone to report to their official workplace is highly unlikely to be construed as bullying. But we're getting side-tracked here, find me in The Workplace Chat if you want to talk further. :)
Sep 2, 2020 at 14:30 comment added guest @Lilienthal: I understand it if the company says "There is an appointment tomorrow" and OP does not come they could be fired. I interpreted your comment as "the company can fire the employee preemtivly if he moves away" and I am not really sure if this is allowed in Europe without reference. (Also, I do think that if the boss especially required this employee to be there every day just to be able to fire him (and for others there would be no reason to come to the office), this could be illegal (bullying)).
Sep 2, 2020 at 14:24 comment added Lilienthal @guest Will you accept common sense? The company simply makes presence on-site a requirement of the job and when the OP cannot fulfill said key requirement they can be dismissed. It's just like how you can get fired for consistently showing up late. OP wouldn't be showing up at all. Each country will have its own policies around this but this certainly isn't an area where employee protections would kick in. There could be legal gray areas where you could argue the "expectation of remote work" but most contracts will specify a working location (a very good point svavil raised here actually).
Sep 2, 2020 at 14:04 comment added guest @Lilienthal: Could you provide a reference for "within the company's rights to fire the OP over not being able to come on-site easily"?
Sep 2, 2020 at 13:18 comment added Lilienthal Keep in mind it's also within the company's rights to fire the OP over not being able to come on-site easily. The conversation you describe covers some good points but not the most crucial: that this could be a deal-breaker. That should really be the starting point: not "how should we do this?" but "can we do this?".
Sep 2, 2020 at 10:53 history answered svavil CC BY-SA 4.0