The employee has to perform his work personally, unless otherwise agreed. He can not by let others present needs, but it also not to seek a representation (eg illness). The work of the employee benefits available to the employer in person, it may not always transfer to another employer.
service by the employee
is in the employment agreement, which works to be made. Normally, the activity PROFESSIONALLY DEFINED: eg a clerk or mechanic. All works that belong to the profession must be made. If the work performance only in general terms is DEFINED (such as office assistant or unskilled workers) must take the workers all work which is to be expected with the conclusion: a laborer for example must clean the yard, do not need the task to take over the night watchman. The more accurately the activities in the employment contract agreed upon (in writing or orally) is, the more limited is the transfer of the employer to determine in detail the work to be done. For such a unilateral change in the employment contract, it rather requires a notice of amendment. The assignment of a low-paid employees is forbidden, unless the contract provides for this possibility. If such assignment has not been agreed, the employee must consent.
In companies with more than 20 Employees must notify the employer before any transfer to the works council, the dislocation may object to the works for some reason.
The transfer of the employer
By exercising the right of instruction (Department of Law), which belongs to the essence of every contract of employment shall be assessed by the employer specifically the work to be. The order in operation, such as
• smoking bans to protect the production or to protect other workers
• Wear protective clothing,
• total ban on alcohol,
• Ask the phone use is determined by the employer as part of its right to issue instructions, so far the not the right of participation of the Works precludes.
The right of instruction be limited by the
• all laws,
• collective agreements,
• Operating agreements and
the right of participation of the Works,
• • but especially in the personal rights of the employee, protected by Article 1 of the Basic Law. If
change the work tasks and takes the employee over a long period of higher-value work, this will work content of a contract.
work should
The employee is his work according to his abilities and powers do within his working hours. Neither he must consciously work too little, can still be claimed that he is driving over-exploitation with his powers.
sidelines
Basically, the employee may enter into several contracts or the way to work independently, as long as these activities overlap in time. A prerequisite, however, that
• he is not obliged to take effect has to refrain from outside activities,
• it so his employer makes no unfair competition,
• including not its work force suffers and
• he is not the statutory maximum working time exceeds. Here are the times added together from all employment relationships.
who received two or more working relationships has, in principle, if absent from work for any employer is entitled to continued payment. HOLIDAY LAW and - if the other requirements - employment protection legislation are also in ancillary activities.
Job
The workplace is usually in operation. For outdoor work, such as construction or installation work, the employer must take the interests of the employee's consideration:
• Use in foreign countries must first be agreed.
• The transfer to another City is only possible if
previously agreed or if the employee agrees.
working
is working to provide what is determined by the ratio of the underlying collective work and / or contractual agreement. The allowed under the law on working hours and other working-time protection rules maximum working but can not be exceeded. In companies with a works council has a say this as regards the start and end of daily working hours, including breaks and the distribution of working days of the week.
overtime
Employees are only obliged to perform overtime if this known in a collective agreement, an operating agreement, a contractual agreement, the employee of a Betriebsüblichkeit or results from the secondary obligation of the employee. A secondary requirement to make additional work is not just for emergencies, but always when the required additional work, an otherwise the employer threatened harm the other way (eg, hiring more staff) can not be averted is avoided. Whether the employee is then required to work overtime in some cases, can only be in all the circumstances of the case . Notice Moreover, the admissibility of overtime by the Employment Act and other labor-time protection regulations is limited. Is the permissible maximum working hours reached, the workers each - as always justified - to refuse overtime. In companies with a works council is before ordering to obtain the consent of overtime!
TEMPORARY RELIEF FROM DUTY WORK
is only so far agreed in a collective agreement or collective agreement, the admissibility of reduced working hours or employees agree, can be done with consideration SHORT WORK reduction. The works so far is a mandatory co-determination law, if collective bargaining Regulations do not exist. If a power is not the unilateral introduction of shorter working with corresponding reduction of earnings before remains, the employer only the possibility of the notice, but which may be subject to judicial review on is socially. The employee needs to accept delivery of the employer not to work, but retains his claim to remuneration. ACCEPTANCE OF LATE is when the employee by contract offers his job performance, the employer gives him no employment.
ASSOCIATED OBLIGATIONS OF THE EMPLOYEE
Verschwiegensheitspflicht
The injured employee may work rules of confidentiality, if he - intentionally or negligently -
reveal • facts that are associated with the business, which only a narrowly defined group of people known and not obvious and should be kept secret according to the will of the employer and as part of a legitimate economic interest (eg as budgets, customer and price lists, credit) or
at issue is whether the employee is required after termination of the employment relationship to secrecy. Member of the works are - even after leaving the council - to secrecy regarding business and trade secrets of a special commitment (§ § 79, 120 WCA).
can work in violation of rules of confidentiality are also a violation of CRIMINAL CONFIDENTIALITY, which is punishable under the law against unfair competition (§ 17) with a prison sentence of up to three years or a fine.
consideration and protection duties
As in any relationship also committed to the employment relationship to a contractor to have regard to the rights and legal interests of the other party. The employee shall perform his work so that the interests of the employer and the company are safeguarded.
safety requirement
Safe and healthy workplaces are a prerequisite in working life. The employee is therefore considered to behave always the safe and within its means and the (sub) instruction of the employer to promote the general safety level of operation to contribute.
compete
DURING THE EMPLOYMENT has failed to workers in any competition with his employer. WITH EMPLOYMENT BENEFITS terminates the duty of the employee to his former employer to make this no competition. A non-competition clause after termination of employment must be agreed in writing and can only be extended to 2 years.
The former employer must provide for compensation.
much more
Source: Federal Ministry of Economics and Labour
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