What rights and obligations does the employee have?
The rights and obligations of an employee arise from both labor law in Germany and their employment contract. But what exactly does this mean in terms of rights and obligations?
Labor law in Germany
The Employment Law in Germany is very complex and regulated by a large number of individual laws. The Civil Code states, for example: b. what rights and obligations are in one employment contract may be regulated. In addition, there are a large number of individual laws that also regulate certain aspects of an employee's rights and obligations. Just a few of them are mentioned here as examples: Dismissal Protection Act, Working Hours Act, Minimum Wage Act, Continued Payment of Wages Act, etc.
Rights and obligations of the employee under the employment contract
Employees conclude an employment contract with an employer, which regulates the specific rights and obligations of both contracting parties for a specific employment relationship. When it comes to duties, a basic distinction can be made between main duties and secondary duties.
The main obligation of an employee is generally to perform the agreed work. In return, the employer is obliged to pay the agreed remuneration. The employee thus establishes his right to the contractually agreed payment of remuneration.
Furthermore, an employee also has the right to continued payment of wages in the event of illness or illness Vacation and he must be granted a minimum number of vacation days per year. He can also request a written payslip. He also has the right to protection against discrimination or sexual harassment Workplace and he can demand compliance with occupational health and safety from his employer.
In addition to his obligation to perform the agreed work, an employee must also fulfill a number of additional obligations. These include, for example, the duty of confidentiality and the duty of loyalty to one's employer. He is also obliged to protect the employer's property and he has certain accountability, information and disclosure obligations towards his employer. There is also a ban on bribery and an obligation to refrain from actions and communications that damage reputation or credit.
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The employment contract can also regulate other rights and obligations, such as certain overtime obligations, shift work or a non-competition clause.
Consequences of breaching employee obligations
In the event that an employee violates his obligations under the employment contract, the employer can sanction this. Here, for example, b. a warning or, in serious cases, one Termination into consideration. Some breaches of duty can also trigger a claim for damages from the employer or result in a reduction in wages.
Employees are protected quite extensively by labor law in Germany and employment contracts must take the legal framework into account. However, they must fulfill their employment contractual obligations.
