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Employees may demand a smoke-free workplace. Labor Dresden

legal principle labor Dresden:


is prohibited by state law on smoking in restaurants and is an employee within the scope of the prohibition, he may under § 618 para 1 BGB in conjunction with § 5 paragraph 1 ArbStättV require a smoke-free workplace.

facts Labor Dresden:

The applicant is employed in a casino in Berlin as a table leader at the roulette table. The room is approximately 2500m ². Inside is a non-separated bar area where smoking is tolerated. The bar area is operated by another contractor. The plaintiff claims he was suffering from chronic Bronchitis and complaints of the eyes and nasal mucous membranes.

Legal Grounds Labor Dresden:

According to § 618 para 1 BGB, the employer premises, facilities or equipment set up at work so that the employee is protected against hazards to life and health. This protection also extends to threats from third parties. § 618 para 1 BGB is elaborated by § 5 ArbStättV. That is, the employee is entitled to protection from tobacco smoke pollution. Then there are the provisions of the Non smoking Protection Act that prohibit smoking in restaurants.

My tip Labor Dresden:

The employee is generally entitled to a smoke-free workplace. Note: If several entrepreneurs geographically connected, should be closed an agreement to not smoking in the joint space.

lawyer Ulrich Horrion


http://www.arbeitsrecht.rechtsanwalt-horrion.de/


to my other website, please click here:

www.rechtsanwalt Horrion. de /

www.insolvenzrecht.rechtsanwalt-horrion.de/

www.verkehrsrecht.rechtsanwalt-horrion.de/

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liability risk for employers because of non-discrimination - Employment Dresden

legal principle - Labour Dresden:


requests the employer prior to cessation of the applicant a medical examination because of suspected disease, can it be a violation of the prohibition of discrimination with compensation requirements (BAG, Judgement 17.12.2009 , 8 AZR 6700/08)

Facts - Labour Dresden:

A advertises itself as a biologist at company B. A has a stiff gait. From B required prior to setting an X-ray of the spine to determine whether "morbis spondylitis" is present. This disease often leads to depression. A refuses and will not set. A complains to compensation because he had not been employed for only a suspected disability.

legal reasons - Labour Dresden

compensation can already be considered if the employer is a ground of discrimination remain speculative, § 15 para 2, 7, Paragraph 1, 2 Ms AGG. Basically, the employer may ask after the health fitness of applicants for the vacant position. In the present case from B has not provided any link between the demands of the job and the demands for establishing health.

my right tip - Labor Dresden

"The potential employer should in terms of compensation liability under the AGG questions about diseases in the questionnaire to remove or justify such issues in the context of a post, actually," said lawyer Ulrich Horrion from Dresden

lawyer Ulrich Horrion

http://www.arbeitsrecht.rechtsanwalt-horrion.de/

to my other website, please click here:

http://www.rechtsanwalt-horrion.de/

http://www.insolvenzrecht.rechtsanwalt-horrion.de/

http://www.verkehrsrecht-dresden.rechtsanwalt-horrion.de/