Wolność sumienia, religii i światopoglądu w niemieckim i amerykańskim prawie pracy — wybrane przykłady regulacji prawnych i orzecznictwa

Freedom of conscience and religion also applies to confl icts in the workplace. In the Federal Republic of Germany and the U.S. legislation and the jurisprudence have developed certain standards of conduct in such cases. In the German system, the issue of conscience in the workplace is governed by the principle of pacta sunt servanda (agreements must be kept) enshrined in the Civil Code (BGB). In the United States the freedom of conscience and religion is guaranteed by the provisions of Title VII of the Civil Rights Act l964. In such cases, the duty of the employer is to examine the confl icting interests of employer and employee, and to consider whether the resulting confl ict can be resolved without harm to the company. Such confl icts usually occur when the time of work coincides with e.g. the time of prayer or religious holidays of the employee. In such a situation, the employer is obliged to examine and change the workplace organization, so as to enable the employee to carry out his/her obligations under religious law. Only when it is impossible to reconcile the confl icting interests of the employee and the employer, that the interest of the employer prevails over the interest of the employee. In Germany and the United States courts in their judgments have developed precise rules for the interpretation of freedom of conscience and religion under labour law, having regard to the rights of the employee and the employer’s interest. These judgments have become the benchmark for resolving disputes arising out of violations of freedom of conscience, religion or belief, and may also affect the legislation of other countries.