- April 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Implications of Company Demanding Mission Statements
### Background
According to an article in the Washington Post, Axel Springer employees in Germany – though not at its U.S. properties – must sign a mission statement that affirms Israel’s right to exist, among other issues.
### Analysis
Is it legal for a company to demand this of its employees? This raises questions about freedom of speech and the boundaries of employer expectations.
### Concerns
My issue is not with the contents of the statement. But it seems to me to be politically motivated to ask of Springer’s employees to sign such a mission statement. It feels like compelled speech.
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It depends and can get fairly complicated. According to german labor laws. there are some employers, called “Tendenzbetriebe”, who are allowed to hire based on political/religiuous affiliation and beliefs. Examples for “Tendenzbetriebe” are Newspapers, trade union and churches. But these hiring preferences are limited to those employees who have some influence on published content (in the case of newspapers) or teachings (in the case of church-affiliated schools or kindergarten). Thus, I think it would be illegal to make the cook in the canteen sign such a statement but not if you start writing for one of their papers.
This would potentially infringe on Article 18 1) and 2) on the ICCPR, Article 26, Article 6 2) on the ICESC, article 18 and 19 on the Universal Declaration of Human Rights.
Yes, there are certain organisations that legally can have a political/moral stance and can legally discriminate on basis of political/moral positions. E.g. employees of the catholic church can’t re-marry while working for the church in a position, where they are publicly representing the church. They can also discriminate against people leaving the church, while being in their employ. Newspapers can have foundational values, they are usually less direct in forcing the employees to do certain stuff than churches, but they are allowed to.
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Freedom of contract. The only proper way out would be if the clause was immoral (good luck arguing that) or if only some people (say, men with Levantine roots) were asked to sign this since it would be inequal treatment. Otherwise people are free not to work there, and they shouldn’t.
Your question includes a reference to Germany, which has its own legal advice subreddit. You may wish to consider posting your question to /r/LegalAdviceGerman as well, though this may not be required.
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