Liability
Shortcoming liability is the Einstein marriage need of the employee for a shortcoming . A shortcoming in the sense of labor law exists if the employee has been entrusted with goods or cash on hand , but there are now differences between the target and the actual stock.
Basis of claim
The employee's liability for a deficiency in the sense of a shortfall can be based on:
- a shortfall agreement;
- the employment contract when making an agency has to content;
- a bad performance of employment .
Loss agreement
Basically, a shortfall in the cash register represents a breach of duty on the part of the employee. In this respect, he is liable according to the general provisions of § 619a , § 280 ff. I. V. m. the employment contract . However, since it is usually not possible for the employer to positively prove that the employee is at fault , shortfall agreements are often made. In principle, such a shortcoming agreement is also permissible if it contains a sensible distribution of the burden of proof adapted to the characteristics of the company and employment .
In case law , criteria have emerged against which the deficiency agreement must be checked. These must be clearly and unambiguously agreed and the employee must be contractually granted reasonable economic compensation for assuming the liability. Furthermore, the employees will not be liable in full of the deficit, but only up to the amount of the deficiency money .
literature
- Bernd Sandmann: The liability of employees, managing directors and executives . Tübingen 2001. ISBN 978-3-16-147511-5
- Harald Schliemann, Reiner Ascheid: Labor law in the BGB , comment. Berlin 2002. ISBN 978-3-11-016108-3
