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smoking in the workplace personnel specialists Kaufmann /-frau Chamber of Commerce in 12 days
smoking, legal basis
§ 5 (1) Workplace Regulations : The employer must take the measures necessary measures to the non-smoking employees adequately protected against the tobacco smoke of their colleagues.
§ § 4.5 job-protection law: Accordingly, the risks of employees be assessed (eg passive smoking). If necessary measures are taken.
§ 618 BGB : general duty to safeguard
§ 62 HGB : fiduciary duty of the employer
smoking bans throughout the operation possible ....
According to a decision of the BAG on 01/19/1999 now smoking bans throughout the operation.
... and only allowed in special smoking rooms
allow the premises must, however, the possibility of smoking, including through special smoking rooms . In the present Judgement the smokers, however, was found not even a closed space available, but only a covered shelter outdoors. This was considered in the decision of the BAG considered acceptable.
Not Allowed: Smoking bans considered throughout the site
explicitly not allowed for, the BAG has a smoking ban on the entire operation terrain .
Smoking and Non smoking: design options
• Office division between smokers and nonsmokers
• Smoking areas
• smoking breaks
• Technical devices (smoke cabins)
• change measures: Non smoking seminars
allowed to smoke in the job interview question?
Yes, there is a legitimate interest of the employer.
non-terminating allowed because of smoking?
Yes, if a worker is not hired because of smoking, it is not a Discrimination by AGG.
Note: participation of the works
smoking restrictions relate to matters of procedure of the operation and behavior of employees in the company. Therefore, the council has here under § 87 (1) determine WCA mitzu.
Regards, learning is easy!
Dr. Marius Ebert, the fun-Doc
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