As with any other contract, the rights and obligations of the two respective contract partners also result from the contract of employment. The duties of the employee include, among other things, the duty to work, the obligation to pay fidelity and also the obligation to pay damages.
The Obligation to Work
Each employee must personally perform his/her work, which cannot be provided by a third party. In each contract of employment, the scope of the obligation to work is defined and the employer can assign to the employee his obligations, which must be followed by the employer.
The Duty of Fidelity
Within the so-called “fiduciary duty”, there are various obligations to waive the obligations of the employee. Every employee has to be committed to secrecy and must not disclose any secrets or damage the reputation of the employer in any way. If, however, a breach of the secrecy obligation occurs, the employee concerned may be prosecuted for unfair competition pursuant with a freedom or financial penalty.
Rights of Workers
An employee, of course, has not only obligations but also rights. This includes the right to employment within the agreed activity, but also remuneration and leaves belong to the rights of the employees. The employer must draw up a certificate to the employee and hand him all the work packages after the work has ended, and the employee may also have a right to an intermediate certificate on request. He must be consulted on business matters and can at any time demand access to his personal files. Every worker has the right to complain if he feels unfair or disadvantaged.
Obligations of the Employer
One of the employer’s obligations is the payment of a salary to his employees, even if they become ill without their own fault. He has to deal with his employees and has a duty of care, for example, the maternity protection and the youth protection law. In addition, the employer must treat all its employees equally, no better or worse. In addition, there is also the obligation to be heard in all matters concerning the company and its own person. If one of the employees leaves the company, the employer is required to write a work certificate, which can be a simple but also a qualified certificate.
Rights of the Employer
The employer has the right to perform the work of his employees. He also has the right to speak, which means he can determine the nature and scope of the work performance determine it more closely and pass it on to his employees. The rights and duties of the employer are therefore significant, as are the workers.
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