Operating fines

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A company fine is a measure of company justice that an employer or a company committee imposes on an employee .

General

Violations of the employee's duty to work , work and service instructions can be punished by internal disciplinary measures . At the beginning of the 20th century, the operating fine was still regulated in the trade regulations. Today, company fines and penalties are based on corresponding authorizations in company agreements or collective bargaining agreements . German labor law has no legal norms on this , but civil service law is applied analogously , which has a closed catalog of disciplinary measures that increases in severity.

As early as October 1989, the Federal Labor Court (BAG) was of the opinion that sanctions for violations by the employee that went beyond the employer's individual legal options were only possible as company fines.

Legal issues

The company fine presupposes that the employee has unlawfully and culpably violated an offense of the company fine. Smoking in the workplace in companies with a risk of fire is cited as an example . The weakest disciplinary measure is the hearing , the next higher is the (oral) warning , followed by the official reprimand and the fine . The withdrawal of company benefits can also be considered as a company fine. Notice of termination is not an operating fine .

Which of these types is used in the individual case depends on the principle of guilt and the principle of proportionality ( prohibition of excess ) applicable in civil service disciplinary proceedings - and analogously applicable in labor law . According to this, the disciplinary measure pronounced against the civil servant / employee must be in a fair proportion to the gravity of the official offense and to the fault of the civil servant / employee, taking into account all burdensome and exonerating circumstances.

The Betriebsbuße is at officials one administrative act , the one with the appeals and appeals of the opposition , the application for annulment , and - the - under certain conditions appeal and revision challenged can be. In private labor law, the employee concerned can initially take action against operating fines in the form of a reply and make use of his or her right of appeal according to Section 84 (1) BetrVG . If this is unsuccessful, the works council or staff council can be called in ( Section 85 (1) BetrVG). If no remedial action is found, the arbitration board can be called in accordance with Section 85 (2) BetrVG . As a final consequence, the employee punished with a company fine can file a lawsuit with the labor court against his employer because the employer has violated his duty of care ( Section 241 (2) BGB and Section 242 BGB in connection with the employment contract ).

purpose

The company fine serves to maintain safety and order in the company by punishing behavior that is harmful to the community. It is for this purpose that the operating fine differs from the contractual penalty . The contractual penalty is intended to enable the employer to more easily indemnify the employee. A company fine is applied if employees violate binding rules of conduct to ensure the undisturbed work flow or the smooth coexistence of employees.

literature

  • Wilhelm Herschel: Company fines. Your requirements and limits. Heymanns, Cologne 1967.
  • Alexander Gagel : The operating fines in the private sector. Dissertation, University of Heidelberg 1963. Kassel 1963.
  • Wolf-Dietrich Walker: On the admissibility of company fines. In: Alfred Söllner , Meinhard Heinze (Ed.): Labor law in probation. Festschrift for Otto Rudolf Kissel . Beck, Munich 1994, ISBN 3-406-37934-6 , pp. 1205-1224.
  • Michael Weintraut: Company fines . In: Labor and Labor Law. Volume 42, 1992, ISSN  0323-4568 , p. 244.
  • Christian Schoof: Company fines . In: Labor law in the company. Volume 11, 1990, ISSN  0174-1225 , p. 447.

Individual evidence

  1. ↑ BAG, judgment of October 17, 1989, Az .: 1 ABR 100/88
  2. ↑ Günter Schaub, § 61 margin number 20 , in: Günter Schaub, Arbeitsrechts-Handbuch , 12th edition. Beck, Munich 2007, ISBN 978-3-406-55391-2 .
  3. ↑ Wolfgang Hromadka, Labor Law for Superiors , 2014, o. P.