Article 7:658 Employer Care Obligation – 1. The employer is responsible for organizing and maintaining the premises, premises, machinery and tools in which the work is carried out under its responsibility, giving instructions and taking reasonable necessary safety measures to prevent the worker from harming the worker during the performance of his work. – 2. The employer is liable to the worker for damages suffered by the worker as a result of activities carried out in the course of his activity, unless he proves that he has complied with the obligations covered by paragraph 1 or that the injury is largely the result of an intentional act or a deliberate omission or recklessness of the worker. – 3. It is not possible to misleagate the worker from paragraphs 1 and 2 and the legal provisions of Title 6.3 bGB with respect to the liability of an employer. – 4. A person who, in the course of his professional or commercial activity, allows any other person with whom he has not entered into a employment contract, is liable to these other persons, in accordance with the preceding paragraphs of this article, for the damage suffered by these other persons as a result of activities carried out in the course of that work. The sub-district has jurisdiction to rule on rights within the meaning of the first sentence. Article 7:638 Fixing leave periods – 1. Each year, the employer must give the worker the opportunity to take leave under the minimum leave rights to which the worker is entitled under section 7:634.
– 2. To the extent that a written employment contract, a collective agreement, a regulation by or on behalf of a public governing body, or the law do not provide for a rule for setting leave periods, the employer sets the start and end dates of the leave in accordance with the worker`s requests, unless compelling reasons stand in the way of the service of these requests. If the employer has not indicated these compelling reasons in writing within two weeks of the worker`s written request, the leave periods are set in accordance with the worker`s wishes. – 3. For compelling reasons, leave periods are set so that, if he wishes, the worker is not obliged to work for two consecutive weeks or twice a full week, as long as his leave rights are sufficient to cover that leave. – 4. The employer sets the leave dates on time to allow the worker to prepare sufficiently for the holiday period. – 5. The employer may, after consultation with the worker, change the leave periods already set, provided there are compelling reasons to do so. Damage to the worker as a result of the change in an already fixed leave period must be repaired by the employer.
– 6. The employer is required to grant the worker the remaining leave rights in days or hours, unless compelling reasons are to be found. – 7. Where leave rights exceed the minimum amount covered by section 7:634, it is possible to penalize the worker by written consent for periods of leave covered by paragraph 2, but only to the extent that the leave rights exceed that minimum.