The rights and duties of the employee, are regulated by individual law and written down in the employment contract.
The employee makes his or her work performance available to the employer in return for payment. One of the fundamental condition for an employee ist that there must be a service relationship under private law, i.e. an employment contract.The employee is integrated into the employer’s organisation and is bound by instructions as to the content, performance, time and duration as well as the place of the activity.
The general rights of the employee include: the right to employment, the receipt of income in accordance with the work performed, the right to inspect the personnel file and the right to undisturbed free time, breaks, holidays and parental leave. Furthermore, the employee has a right to protection against dismissal as well as an employer’s reference following dismissal.
The employee’s duties include: the duty to work , the duty of loyalty and obedience, the duty to report sick and the duty to apply protective measures. He also has the duty to provide the employer with correct information on the status of his work. The employee is subject to a non-competition clause. Furthermore, he is obliged to hand in the income tax card and a social security certificate to the human resources department. There is a duty to report the employee’s invention and any existing pregnancies.