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/
0 comments:
Post a Comment