Employee

What Does an Employee Do?

The employee is in the employment contract concerning the working time, the place of work, and the work performance submitted to the employer. According to the employment contract, an employee is a dependent person who must provide services determined by others. In return, the employee is reimbursed with a monthly salary.

Legal Rights and Obligations

The employment relationship exists in every industry. Thus, commercial workers, commercial employees, employees in the construction industry, ship crews, and public service are commercial workers. For those employees, which are not subject to a special regulation, the general service contract law of the §§ 611 ff. BGB.

The Duties of the Employee

1. Obligation to Work

The employees obligation is to complete the promised work performance. The scope as well as the quality, time and place are defined in the employment contract. The employees fulfills the obligation if the right work has been done at the right place at the right time.

2. Obligation of Loyalty

The employee is committed to the obligation of loyalty. This describes the obligation of the employees to support the economic and entrepreneurial interests of the employer. The fiduciary obligation includes the duties to refrain and the duties to behave.

• Duties to Cease and Desist
  The obligation to refrain includes the duty of confidentiality. The employee must guard all internal company matters.
• Obligations of Conduct
  The duty of conduct includes the work-related duty to report defective machinery, fraud or imminent risk and internal damage.
• Representation Duties
  An appropriate dress robe, as well as an appropriate manners, representing the company, is part of the representation duty.

The Rights of the Employee

• Overtime
  Employees only have to work overtime if there is a detailed provision for it in the employment contract.
• Breaks and rest periods
  After the end of working hours, employees are entitled to an uninterrupted rest period of at least 11 hours. In some industries, e.g. in the catering trade, a shorter rest period is possible. The regulation of breaks is fixed by law depending on the hours worked. After six hours of work, employees are entitled to 30 minutes and if they work more than nine hours, it is 45 minutes.
• Accessibility after hours
  After hours and on vacation, work-related calls generally do not have to be answered. Employees are also not required to provide their company with their private cell phone number or address.
• Sickness and other absences
  In the event of illness, employees continue to be paid their contractually stipulated wages. If the illness lasts longer than six weeks, the health insurance company will pay a sickness benefit.

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