What are duties and obligations
Obligations of the employee
I. Main duty of the employee "duty to work"
The main duty of the worker is the duty to do the promised work.
1. Duty to work
The duty to work has its legal basis in the employment contract in connection with § 611 I BGB. The content of the duty to work is supplemented by law, collective bargaining agreement and works agreement and specified by instructions and the employer's right to direct. This defines quality, time, type and place in more detail. Representation, as is permitted in almost all other contracts, does not exist for the employee.
The employee fulfills his primary duty by doing the right work in the right place at the right time.
2. Failure to perform work in breach of duty
If the employee does not fulfill his main obligation, the work performance cannot usually be made up. For the employer, this means that he can refuse his obligation in return, that is, he pays no remuneration. If the employer has suffered damage as a result of this non-performance, he can demand compensation from the employee for non-performance.
After a long search, the city of Saarbrücken hires a head of the civil engineering department and repeatedly stated during the interview that work had to start on June 1st, 2002 due to urgent construction work that would otherwise result in damage. The period for terminating the employment relationship is 3 months. On May 15, 2002 the prospective civil engineering department manager announced to the city that he would not take up the position after all.
II. Secondary obligations of the employee
1. Duty of Loyalty
Beyond the duty to work, the employee is subject to the duty of loyalty.
The duty of loyalty is the obligation of the employee to protect the employer's interests in connection with the employment relationship as this is reasonably required of him in good faith, taking into account his position in the company, his own interests and the interests of other employees of the company can.
It gives the employee the task of supporting the economic goals of his employer. So he has to stand up for the interests of his employer, especially his company. The duty of loyalty increases with the responsibility function. The higher the employee is (managerial employee) and the longer the employment relationship exists, the higher the requirement. The duty of loyalty has two components - the duty to cease and desist and the duty to behave.
2. Obligations to cease and desist
In the first place with the omission obligations is the duty of confidentiality. The employee must guard all trade and business secrets. This includes customer lists and addresses, price lists, calculation documents, creditworthiness, technical developments and inventions.
He is therefore not allowed to speak to third parties about events that interest his employer's competition or about negative developments that are likely to damage the employer's reputation.
He is still prohibited from accepting bribes.
He is also not allowed to compete directly with the employer. In some cases, the obligations to cease and desist result from the law. Sections 60, 61 of the German Commercial Code (HGB) should be mentioned here. They regulate the prohibition of competition for commercial employees, as well as §§ 12, 17 OWiG, which stipulate the prohibition of bribes and the duty of confidentiality.
An employee who is planning to become self-employed may not poach or attempt to poach his work colleagues during the duration of the employment relationship.
An attempt to poach them is only given if the colleague is acted upon with a certain seriousness and perseverance in order to induce him to change employment.
Actually, the employer is not allowed to prohibit the employee from engaging in secondary employment.
Secondary activity is any activity that an employee performs in addition to his contractual activity.
Exceptions are made to this principle.
The secondary job may not be carried out during working hours.
The employee may not use the secondary job in such a way that he cannot fulfill his main performance obligation.
The commercial clerk drives a taxi from 5 p.m. until late at night.
The employee needs time to rest and relax after work.
During incapacity for work due to illness, the employee must refrain from anything that could delay his recovery.
3. Obligations of conduct
Obligations of conduct are understood to mean, in particular, notification and disclosure obligations. The employee must therefore report irregularities in the operational process, in particular threatened damage such as defective machines or fraud.
4. Duty of representation
Employees who come into contact with customers are also required to be represented. They are obliged to keep their manners and clothing accordingly.
So a bank clerk will get into trouble if he comes to the bank in a leather jacket and jeans or with dirty fingernails.
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