Step 1: KNOW your rights

Ruling federal labour court of Germany from 10.11.2021 (file reference: BAG 5 AZR 334/21)

A worker employed as a bicycle delivery person (“rider”) has a claim against his employer under section 611a (1) BGB in conjunction with the employment contract for the provision of a suitable bicycle and mobile phone as essential, suitable work equipment.

Its important that workers know about their rights and share this knowledge between each other. Its good to read the informations below for yourself but its even better and more fun to do it together with someone else. So go grab a friend or co-workers and talk about workers rights!

Contractural duties of bosses

Bosses have to give workers that work based on a work contract everything they need to enable them to work. This includes all nessesary work equipment.

Work equipment that needs to be provided by bosses:

  • work vehicles (cars, bikes, scooters …)
  • work tools (craft tools, work phones, work laptops …)
  • work clothes (jackets, gloves, helmets, corona masks / tests …)
  • work spaces (offices, toiletts, changing rooms, kitchens …)

Equipment or appropriate compensation

Whenever you are missing work equipment bosses are violating your contract. If bosses can not provide nessesary work equipment, then they have to compensate workers to enable them to provide the work equipment themselfes. The compensation has to be “appriopriate” meaning: it has to cover the workers costs for appropriate work equipment. Workers have to be reimbursed or compensated on a regular basis (lump sum).

Shitty, faulty equipment?

Work equipment does not only has to be provided by bosses, it has to work safely as well. Whenever work equipment is broken bosses have to fix it. Workers dont have to fix it themselfes. Workers dont have to pay for getting it fixed. Its all on the bosses.

Below are steps that deal with missing EQUIPMENT issues. If you are missing PAYMENT then here is how to claim it.

Common problems of workers regarding equipment

Some common cases where bosses fail to full their contractual duties:

  • You are paying for your corona protection equipment?
  • You are using your private smartphone and data plan for work?
  • You are driving your own vehicle at work but you dont get appropriate compensation?
  • You use your own tools but do not get any compensation for wear and tear?
  • Your boss does neither provide the work equipment nor does reimburse you when your own equipment that you need for work gets stolen or needs to be repaired?

Whenever bosses dont provide the nessesary work equipment they are violating the contract with their workers! When a workers contract is violated this workers is entitled to

Next steps to get your rights

Stop work and sueing sounds great, right?
Lets take the next steps to #SueYourBoss!