Geschäftsbereich Personal

Relevant extracts from laws

The term “overload report” is not explicitly mentioned or further defined by law. Some provisions from the Act on the Implementation of Measures of Occupational Safety and Health to Encourage Improvements in the Safety and Health Protection of Workers at Work (Arbeitsschutzgesetz, ArbSchG) and the German Civil Code (BGB) apply.

Section 15 ArbSchG - Obligations on the workers

(1) The workers have a duty to ensure their safety and health at work to the best of their ability and pursuant to their employer’s training and instructions. In accordance with the first sentence, workers shall also ensure the safety and health of persons affected by their acts or omissions.

(2) In the context of subsection (1), workers shall in particular use machines, equipment, tools, agents, means of transportation, other work equipment, protective devices and the personal protective equipment provided for their use according to their intended purpose.

Section 16 ArbSchG - Special obligations to provide support

(1) Workers shall immediately report to their employer or the competent supervisor any significant immediate danger to safety and health and any defect in the protective system which they have identified.

(2) Together with the company doctor and the occupational health specialist, workers shall support the employer in guaranteeing the safety and health protection of workers at work and in fulfilling his duties in line with official requirements. Notwithstanding their obligation under subsection (1), workers shall also notify the occupational health specialist, the company doctor or the security officer pursuant to section 22 of the Seventh Book of the Social Code (Siebtes Buch Sozialgesetzbuch, SGB VII) of any dangers to safety and health and defects in the protective systems which they have identified.

Section 16 BGB - Duty to undertake protective measures

(1) The person entitled to services must furnish and maintain premises, devices and equipment that he must provide for performance of the services in such a way and must arrange services that must be undertaken on his order or under his supervision in such a way that the person obliged to perform services is protected against danger to life and limb to the extent that the nature of the services permits.

(2) If the person obliged has been integrated into the common household, then the person entitled to services must provide the installations and make the arrangements, with regard to the living and sleeping space, the provision of food and work and leisure time, that are required with a view to the health, morality and religion of the person obliged.

(3) If the person entitled to services fails to fulfil the duties it has with regard to the life and the health of the person obliged, then the provisions of sections 842 to 846 governing torts apply with the necessary modifications to his duty to provide damages.

Section 241 BGB - Duties arising from an obligation

(1) By virtue of an obligation an obligee is entitled to claim performance from the obligor. The performance may also consist in forbearance.

(2) An obligation may also, depending on its contents, oblige each party to take account of the rights, legal interests and other interests of the other party.

Section 242 BGB - Performance in good faith

An obligor has a duty to perform according to the requirements of good faith, taking customary practice into consideration.

Section 276 BGB - Responsibility of the obligor

(1) The obligor is responsible for intention and negligence, if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation, including but not limited to the giving of a guarantee or the assumption of a procurement risk. The provisions of sections 827 and 828 apply with the necessary modifications.

(2) A person acts negligently if he fails to exercise reasonable care.

(3) The obligor may not be released in advance from liability for intention.

Section 611 BGB - Typical contractual duties in a service contract

(1) By means of a service contract, a person who promises service is obliged to perform the services promised, and the other party is obliged to grant the agreed remuneration.

(2) Services of any type may be the subject matter of service contracts.

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