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Labor Law: Seven Astonishing Judgments

Attention: Workers are not insured at lunch in the canteen!
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  1. There is nothing that does not exist
  2. Wage reduction in case of delay
  3. Private Elektrogeärte should only be used with permission
  4. Fern, palm and Co. can be banned
  5. At lunch you are not insured
  6. The walk to the toilet is also a private matter
  7. You can go to the toilet as often as necessary
  8. Very overworked workers are not insured

There is nothing that does not exist

We can only shake our heads over many court decisions. Especially when it comes to the field of labor law.

Wage reduction in case of delay

You got stuck in traffic? There was black ice on the street? No matter if you are late for work, your employer may theoretically deduct your lost time from your wages. From a purely legal point of view, the employee bears the responsibility to reach his workplace in good time. If this duty is not fulfilled, the boss may draw consequences - also with regard to your salary.

Private Elektrogeärte should only be used with permission

No matter whether it is the coffee machine, the kettle, the mobile phone charger or the fan. If you would like to use the electrical connection in your office for a private electrical appliance, you should first discuss this with your employer. If you do not do this, your boss can not only warn you because of the additional power consumption, but also cancel you. The decisive factor in court, however, is the financial loss incurred by the company. Cases have already landed before the Labor Court, such as the dismissal of a worker due to a power consumption of 0.014 cents. This was ultimately untenable. However, the employee only had to go to court to really prove it.

Fern, palm and Co. can be banned

Of course, green plants make an office more beautiful and comfortable. But if your boss does not tolerate plants, you have to stick to them. The reason for the ban may be the uniformity of appearance in the office. Allergies from colleagues are also valid reasons to ban plants in the office, according to applicable labor law.

At lunch you are not insured

Many will remember the strange judgment from 2012. An employee sued his company for not wanting to give him cover during his lunch break. The man had slipped on salad dressing in the company canteen and had broken both elbows. The judgment of the Landessozialgericht in Baden-Württemberg surprised: This was the employer right. In the lunch break, employers are therefore not insured, since food is a private activity.

The walk to the toilet is also a private matter

This was decided by the administrative court in Munich. A policeman had his fingers pinched while working in the toilet door. However, the case was not recognized as a service accident. Thereupon the man complained and failed. While he is still insured on the way to the toilet, he is no longer in the moment he enters the toilet room. Like lunch, according to labor law, the actual use of the toilet is a private matter.

You can go to the toilet as often as necessary

It is a private matter if you relieve yourself. But you can go to the toilet as often as you like. This was decided by the Labor Court in Cologne. The background is the following. A law clerk had had the toilets of his lawyers documented for a limited period of time. In the case of an employee who spent too much time on the toilet, the boss cut the wage. The employee went to court and won. The lawyer is not to be accused of refusing to work. It was his right to go to the bathroom.

Very over punctual employees are not insured

Actually, we can not go wrong if we drive to work earlier, right? Wrong thought! That says at least the labor law. If you make your way to work more than two hours earlier, you are not insured. Should an accident occur on the way to work, the employers' liability insurance association would not pay.

When do I have to submit a certificate? May my employer control me? Here you will find more tips and information on the subject of employment law.

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