What is duty of care?
The employer's duty of care is required by law. In Germany, Section 618 BGB regulates the protection of employees. Article 328 of the Swiss Code of Obligations applies in Switzerland and Article 1157 of the Austrian Civil Code applies to Austria. This duty of care applies to safety when traveling on business and to the workplace in the office.
What are the consequences if the employer violates his duty of care?
- First of all, the employee is entitled to a performance claim. He can ask the employer to take all necessary measures.
- If the employee suffers damage as a result of the culpable breach of the duty of care, the employer is obliged to pay compensation.
- In the event of a violation of personal rights, the employee may be entitled to compensation for pain and suffering.
- In the event of a breach of protective obligations (e.g. in the event of inadequate occupational safety), the employee is entitled to withhold his work. His wage entitlement remains.
What can companies do?
5 point guide
The following applies to employers' duty of care: Statutory duty of care is inevitable.
It is therefore important to implement this obligation.
The basis of travel risk management comprises 5 points:
1. Information
- Become aware of the possible risks, e.g. accident, illness, epidemic, strike, natural disaster, crime or other risks.
- Observe the travel conditions
- Inform and train your employees sufficiently about the situation
- Communicate emergency guidelines and make sure they are accessible to the traveling agent so that immediate assistance can be provided.
- Communication during the trip between the travel managers and the travelers must be ensured in the event of an incident.
2. Insurance
Check how your business travel is insured.
3. Travel Policies
- A travel policy includes planning, booking and billing as well as carrying out business trips.
- In the sense of the duty of care, check your travel policy and update it regularly.
- For a quick response in an emergency, the travel risk management should be defined in a contingency plan.
- It makes sense to form a crisis team, which consists of different departments. This means that relevant information is bundled in one place and can be passed on to the responsible employees.
- With an app, users can receive up-to-date information on the security situation and medical advice
- If an incident occurs, app users can reach a 24/7 hotline.
4. Travel tracking of the traveler
- In the event of an emergency, it is important to be able to locate employees quickly.
- Travel security tools give you a complete overview of employee travel destinations.
5. Availability around the clock
Make sure that your business travelers can get support 24/7 and from anywhere