Can the PL simply quit the job as PL?

What happens if the project manager does not want to continue the activity after some time and the operator does not accept this?

Under genetic engineering law, the reassignment of a PL position is actually only regulated for the operator. According to Section 6 of the Genetic Engineering Act (GenTG), the operator must appoint a PL and then "re-register" the PL, i.e., notify the licensing authority in accordance with Section 21 of the Genetic Engineering Act. To do so, the PL must provide evidence of their expertise (degree, practical experience with GMOs, and project manager certificate). For ongoing S1 work in an S1 facility, the PL's involvement is not required. Only at the start of a new activity requiring licensing (significant change to the facility according to Section 8 (1) of the Genetic Engineering Act) is the PL's involvement required, in the form of submitting a declaration of intent and signing Form A. Otherwise, the Genetic Engineering Act only requires the operator to notify the authorities of a change of position. In this case, the PL cannot notify the authorities immediately, as the facility would then be without a PL and would have to be shut down. For this reason, in practice, only notifications (declarations of intent) from the operator are generally accepted. The GenTG and the regulations governing genetic engineering do not give the PL the right to relinquish responsibility.

The solution to the problem can therefore only be sought through general labor law. The solution there might depend on whether the activity as a PL was already part of the employment relationship from the outset (upon hiring) or whether the activity as a PL was added subsequently. In the first case, the unilateral declaration that one no longer wishes to perform the activity as a PL will probably be interpreted as a termination, or at least as a termination with a change of contract. In the case of termination (a unilateral declaration of intent with proper receipt is effective), the employment relationship would then end upon expiration of the notice period. This, in turn, does not require a declaration from the operator (consent or approval). Even with a change of contract, this would be effective upon receipt by the operator, and upon expiration of the period, the PL would no longer be a PL, at least internally with the operator, and the operator would be obliged to fill the position and notify the authorities accordingly. Should the operator refuse this, the former PL would have to have the labor court determine that he or she no longer bears the responsibility as a PL. To be on the safe side, he will then also inform the authorities about this procedure, even if this is not provided for in the GenTG.

Realistically, however, even in the case of a change of notice by the PL, one would have to assume that the operator would not accept it - at least in the case mentioned above - and that this would then be considered a normal termination and the employment relationship would thus be terminated.

In case of doubt, general labor law therefore leads to the termination of the employment relationship as a whole.