Liability in the workplace: who pays when?

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Workplace Liability: Limited Employee Liability
Workplace Liability: How Much An Employee Might Pay?
When does an employee have to be liable for damage in the workplace?
Slight negligence
Medium negligence
Gross negligence
Deliberate action
Liability at work: possible complicity of the employer
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Liability in the workplace: Mistakes, big and small blunders, mishaps and gross missteps - they can all happen in the job and nobody can acquit themselves. However, someone always has to stand up for damage that has occurred. It's not just about responsibility, but also about possible costs that can arise in the workplace. The widespread opinion is that in this case workers are covered by the company and this is pays for the damage. But is it really that easy to regulate liability in the workplace and as an employee do you have absolutely nothing to worry about? We explain, who has to assume liability and when and what you should pay attention to in order not to experience a nasty surprise ...

Workplace Liability: Limited Employee Liability

Depending on the respective industry, the size of the company and the tasks of an employee, the damage can quickly be reduced to almost nothing if an error occurs astronomical sums amount to. If, for example, production in a plant comes to a standstill or if the deadline for an important order cannot be met, one is in the spheres of several hundred thousand or even more.

In Germany, the first of all applies basic private liability. In plain language: Anyone who screwed up something bears the consequences. If you break something, you have to pay for it, give someone else a dent in the car, the bill flutters into your mailbox and if you have caused another damage, the injured party will come to you with it and kindly ask for payment.

This general principle does not lose its validity in the job either - but don't worry, that doesn't mean that you automatically have to assume liability in the workplace. That would also be pretty fatal, which employee has already 500,000 euros on the high edge to protect themselves against a mistake? Just. This is exactly how labor law sees it and is therefore based on the Principles of limited employee liability.

These principles apply to all work that you do as a result of your employment relationship and that has been arranged by your employer. The case law here takes into account that even the best and most careful employee serious mistake can undermine and it would often simply be disproportionate and unreasonable to pass the resulting costs on to an employee. How should he raise the millions of euros that may arise?

Employees should not rest on this protection and that Misbelief expire that the employer will take care of the damage in any case. The law protects employees, but there is absolutely no license to cause damage with impunity. In case of doubt, the decisive factor is what led to the damage that now has to be paid for.

Workplace Liability: How Much An Employee Might Pay?

So it cannot be ruled out that an employee may be held liable in the workplace (more on this below). In some particularly drastic cases, the entire damage can stick to employees, but usually it is only part of the liability that has to be assumed. But even a part of, for example, 350,000 euros can still be quite a lot and by far exceeds any normal account. Should liability be split between employee and employer, the most important question is: How high is the proportionthat you as an employee may have to take on?

There is no general answer to this, because it is not a fixed proportion that an employee has to deal with. In terms of labor law, the Liability quota or the liability share spoken - and this can be very different in individual cases. Be in the determination many different factors considered:

The dangers of work. Behind this seemingly complicated term hides the legal formulation for the probability that something will go wrong at work. Some tasks simply have a higher risk than others and these differences are taken into account when determining the liability ratio.
A possible insurance from the employer. If the damage could have been covered by insurance from the employer, this is also included in the decision on the amount of the employee's proportional liability. It should not be at the expense of the employee that a company wanted to save money on insurance.
The amount of damage incurred. Of course, the final amount of the damage to be settled also plays a major role. In the case of a proportional liability of 2 million euros, the proportion (in percentage terms) is smaller than if the damage is only 1,000 euros.
The employee's situation. In order to determine the percentage of an employee, his professional and private situation is often taken into account. Is it a long-term employee who has never received negative attention before? That can have a positive effect. The family situation can also influence the level of liability.
The employee's salary. Last but not least, in the case of shared liability, labor courts also pay close attention to how much an employee earns. With a gross salary of 2500 euros, no proportional liability of 250,000 euros can be settled.

When does an employee have to be liable for damage in the workplace?

Thanks to the limited employee liability, the principle applies to many areas Employers are responsible for their employees. And this also applies when companies try to regulate something else in the employment contract. Clauses that say, for example, that an employee is fully liable for the damage caused by him, are ineffective - in Employment contracts, works agreements and collective agreements equally.

The only way to introduce such a regulation would be for the employee to do so Pay risk premiumto provide financial compensation for the special liability regime in the workplace. However, since this is not regulated in almost any employment relationship, the principle of limited employee liability remains.

But when does an employee have to be personally liable at the workplace? On the one hand, the decisive factor is whether an employee fulfills his obligations stipulated in the employment contract and, on the other hand, how he proceeds when they are carried out. In other words: if you go about your normal professional tasks, although you are generally covered by your employer, you would have it But you can avoid harm or you are to blame for it through your behaviorthat this could happen, you have to take into account that you will also have to be liable in the workplace.

Labor law distinguishes between different causes, whereby the Employee misconduct categorized becomes:

Slight negligence
In the case of slight negligence, you don't need to worry about it yet. In this case, your employer is liable for any possible damage. This category includes mishaps that could happen to anyone and for which you are not particularly to blame. Classic examples are, for example, that you drop something, which breaks something or damages documents.
Medium negligence
In labor law, the behavior of an employee is often classified under moderate or normal negligence if he has not performed his tasks and duties with the necessary care. However, this is not yet a particularly serious breach of duty by an employee. In terms of liability, this means that in the event of moderate negligence, there is usually partial liability between the employee and the employer.
Gross negligence
Employment law speaks of gross negligence when an employee disregards all caution and care. Here it is accepted that damage will occur. If regulations are simply ignored, rules set aside and all logical thinking is apparently switched off, one acts with gross negligence and usually has to be liable for the entire damage incurred.
Deliberate action
In contrast to negligence, deliberate action causes damage in a very conscious and targeted manner. If, for example, a machine malfunctions intentionally and knowingly or the computer is thrown into the office corridor in frustration, this is a deliberate act - for which an employee usually has to bear full liability.

In the case of doubt, the decision of the labor court is incumbent on the decision of the labor court under which aspects your misconduct is assessed. However, you have the advantage that the Burden of proof on the employer lies. So this person has to prove in court that you actually acted with gross negligence if you are to be liable for the entire damage and even in the case of moderate negligence, it is not your job to provide appropriate evidence.

In addition, the case law before the labor court repeatedly shows that the circumstances Judgment in favor of the employee can influence. If the damage for which liability is claimed in the workplace is in no reasonable relation to the employee's salary, the judges can decide, even in the case of gross negligence, that the damage is only partially borne by the employee.

Liability at work: possible complicity of the employer

The blame for a mistake and the resulting damage does not always lie solely with the employee responsible. Does the Employer to blame, this can not only ease an employee's conscience, but also be an important point for liability: As an employee, you may not have to be liable at all or only partially if part of the blame lies with the boss or the company.

A complicity on the part of the employer can be present, for example, if Equipment not properly maintained were. After all, the company is responsible for enabling employees to complete their tasks flawlessly - if this is not the case, this can lead to complicity. Are the Work equipment not suitableIn order to meet the obligations, it cannot be blamed on the employee alone.

Bad organization on the part of the company can also mean complicity on the part of the employer. Finds insufficient instruction the employee takes place or is assigned a task for which insufficiently qualified full liability for a possible error cannot be asserted.