Obligation to work

The work the employee has to do is determined primarily by the employment contract. The employer can determine the content and scope of the work obligation by virtue of his right to issue instructions within the framework of the respective employment contract (Section 106 GewO). According to a decision of the Fifth Senate of June 13, 2007 ( 5 AZR 564/06 ), this also determines the extent to which a film actor must accept changes to his film role as specified in his employment contract. When interpreting the contract, the importance of freedom of artistic activity for both contracting parties must be taken into account appropriately. Taking on a role in a film to be produced does not have to mean committing to a specific script. However, the core of the intended role can be an integral part, taking into account the actor’s role profile. In the case of an employment contract pre-formulated by the employer, the transparency requirement does not require that all possible details of the work obligation and the right to issue instructions be expressly regulated. Rather, the right to issue instructions is an outcome and consequence of the contractual determination of the work obligation.