Duties
"I don't care if it's against the rules, you're doing it now!"
Your trainer gives you an instruction that violates laws, safety rules or public morals.
§ 14 BBiG / § 106 GewO / § 138 BGB
The boss may NOT do that
Unlawful instructions you may — must — refuse!
The employer's right to give instructions ends where laws or public morals are violated (§ 106 GewO). You are not obliged to follow unlawful instructions — and you can even refuse them without being dismissed for it (§ 22 BBiG: no "good cause"). You even make yourself liable if, for example, you evade taxes or ignore safety rules.
What the law says
§ 106 GewO – Right to give instructions
The employer may determine the content, place and time of the work performance at their reasonable discretion, insofar as these working conditions are not laid down by the employment contract, a works agreement, an applicable collective agreement or statutory provisions.
§ 14 BBiG – Duties of the training company
Trainees may only be assigned tasks that serve the purpose of the training and are appropriate to their physical strength.
§ 138 BGB – Transaction contrary to public policy
A legal transaction that is contrary to public policy is void.
What you can do
- When in doubt, ask politely: "Is this really intended? I'm unsure."
- Note the instruction verbatim + date/time/witnesses — important for securing evidence.
- For clearly criminally relevant tasks (fraud, theft, manipulation): consistently refuse.
- If you get the instruction in writing, you have a perfect defence.
Email template for your trainer
Subject: Clarification of an instruction
Dear [name of trainer],
on [date] I was instructed to [specific activity]. In my assessment, this instruction conflicts with [law/regulation/safety rule].
Under § 106 GewO, the employer's right to give instructions may not violate statutory provisions. § 14 BBiG requires that training-appropriate tasks be assigned.
I kindly ask for clarification — happy to discuss in person — and for written confirmation should the instruction be maintained.
Kind regards
[Your name]