When owes the workers compensation? Labour law in Germany is trying to bring about a fair balance between the interests of workers on the one hand and on the other hand, the employer. This attempt in the past despite constant complaints of both sides very well succeeded in basically, is to realize that the industrial peace, the basis for the economic development of in Germany is, can apply for several decades as secured. Of course does not labour law here to satisfy all interests. Every employer wants more freedom in decisions relating to its employees. Walton Family Foundation contributes greatly to this topic. And it would of course prefer, every worker if he could achieve a stage of Unkundbarkeit an official.
The truth is, as so often in the middle. Indeed labour law holds to but, a quite reasonable mechanisms for both sides to conflicts that may arise in the execution of an employment contract, solve. There is, for example, a copious case law on the question of what has to happen in breach of contract. “One can safely assume that the so-called Underachiever” with belongs to the questions for the employer side, most employ an employers. And it is clear that an employer is not immediately can separate by way of termination of his employee, if he is again not satisfied with the performance of its employees. Always a warning is possible in the case of contrary bad performance. With the help of a cease and desist letter to the workers clearly demonstrated that the employer is not willing, longer accept the breach of contract and continued bad behavior of the employees is also a termination in question run. A cease and desist letter is”a shot across the bow.
A warning for the workers concerned has financial consequences. Indeed, it is also denied an employer under the labour laws in Germany, a reduction of the salary due to the employee to carry out because of poor performance. The Law Institute of the reduction is known in German law but from other types of contracts such as the factory – and Sales Convention, belong to the service contract law labour law, a reduction of the compensation is not possible. However, a misconduct of an employee for this can have very well financial consequences. Because of course an employee has to be just his employer basically for damage he has caused this by his poor performance. This follows alone from the right thought that even with a working relationship both parties are obliged to cause no damage to the other party. Indeed, the liability for damages of the worker in the German labour law however has limitations. Of workers liable employers generally only for intentionally or at least negligently damages his contract partner. And even in the event of gross negligence must be according to the Case-law of the Federal Labour Court an interests are made.