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The employer's duty of care is a major issue, especially in times of Corona. Does the employer have to be liable for infected people in his company? We explain what this is all about and how you can avoid this risk.
Bottle with pump cap on wooden table with face mask next to it, writing: Corona & duty of care
Disclaimer: All information on the pages of this website is for general information purposes only. It does not constitute legal advice in individual cases and cannot and should not replace such advice.
As part of their general duty of care, employers must ensure that employees are protected from dangers to their life and health in the workplace. The Corona pandemic has given rise to special occupational safety measures for which the employer is responsible and which he should ensure are adhered to. If it is proven that the employer has not ensured the necessary occupational safety standards in the event of an employee becoming infected, in the worst case scenario he can be held liable for the illness and claims for damages can be made against him.
Duty of Care and Corona
The employers' legal duty of care
The employment contract gives rise to rights and obligations for both parties, i.e. employer and employee. While paying wages is one of the employer's main obligations, the employment contract also gives rise to numerous Cell Phone Number Database secondary obligations. One secondary obligation of the employer is the duty of care, which arises from Section 618 of the German Civil Code and other labor law provisions such as the Occupational Safety and Health Act and the Working Hours Act. As part of the duty of care, the employer must ensure that its employees are protected from physical and psychological hazards in the workplace. This would include, for example, providing appropriate protective equipment when handling dangerous tools, but also taking measures to protect against psychological violence such as harassment or bullying.
Special protective measures in times of the corona pandemic
At present, this duty of care requires the special attention of employers: comprehensive precautions to protect against infection with the corona virus are also among the measures that are the responsibility of the employer. The extent of the protective measures required in each case depends on the current risk assessment and only becomes more specific when a suspected case occurs in the company. In principle, however, the employer should ensure compliance with the SARS-CoV-2 occupational health and safety standards published by the federal government in April of this year to protect employees in the workplace.
The protective measures include, for example, regular ventilation of the workplace, the provision of disinfectants, liquid soap and towel dispensers and regular cleaning of sanitary facilities, handrails and door handles.
Workplaces must be designed in such a way that the minimum distance of 1.5 meters can be maintained. This may require special plans for staggered working and break times and extended home office regulations for location-independent activities. For activities involving public traffic, the minimum distance must be ensured by means of transparent partitions. If distance cannot be guaranteed, wearing a mouth and nose mask is recommended.
The employer should inform its employees about possible risks and recommended instructions for action. These include, for example, behavior when dealing with customers, avoiding unnecessary business trips and the employee's obligation to report relevant symptoms and suspected cases in the private environment.
office device clockin time recording
The controversial question of liability
An important question that has not yet been definitively clarified is the question of liability for damage caused by an infection with Covid-19 in the workplace. Normally, statutory accident insurance covers damage in the workplace. Since it was classified as a pandemic, however, it has argued that there is no clear connection between the professional activity and the infection and that it is therefore not an accident at work for which the insurance must pay. Since this legal situation has not yet been clearly clarified by the social courts, the employer could currently also be held liable for personal injuries if negligent behavior with regard to necessary protective measures can be proven.
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发表于 2024-12-23 12:15:52