The duty of care obliges employers to protect their employees from risks to health, life and personality. It is legally anchored to the Civil Code (§ 618 BGB) and integrates the general obligations of the employment contract.
Furthermore, the employer’s duty of care under public law also applies
At the same time, employees also have a duty to cooperate, for example by promptly reporting problems and health risks.
In short: Duty of care is a two-way protection mechanism based on mutual responsibility.
Recording of working hours as part of the duty of care
When many people think about caring, they first think of ergonomic chairs or bullying intervention. But also precise and transparent recording of working hours it is a central means of avoiding overloading and therefore a direct contribution to the duty of care.
Why? Because they…
- Make the extraordinary visible – and thus create the basis for a fair distribution of work.
- guarantees the rest periods required by law – especially in high-stress industries.
- identify psychological overload early – for example when working hours are consistently high.
- creates reliability – Employees know their time is valued and documented.
The instruments are the clock help you meet these requirements digitally, legally and without paper chaos, via app, on your smartphone or in your browser.
What does duty of care actually mean?
The content is varied – here is an overview of the most important areas:
- Health protection: Workplaces must be designed safely, for example through ergonomic equipment, anti-mold measures or accident prevention.
- Psychological stress: Employers should pay attention to stress factors, risks of overload or burnout, especially in consultation-intensive phases.
- Conflict Prevention: In case of bullying or discrimination, intervention is mandatory. An open working climate and clear structures help to identify conflicts early.
- Data protection and personal rights: Health data or private information must be treated confidentially.
- Protection of particularly vulnerable groups: These include older workers, people with chronic illnesses, young people, pregnant and breastfeeding women or people with particular stress in their private lives.
Duty of care in case of mental illness, burnout or depression
Mental health is just as important to protect as physical health. Employers must take the information seriously, even if there is no diagnosis. This specifically means:
- offer conversation, even without pressure.
- Check the workload and adjust it if necessary.
- Notify employees of offers of help (e.g. company medical service or external contact points).
- Maintain confidentiality – also towards colleagues.
What happens if the duty of care is breached?
If an employer fails to fulfill its obligations, this can happen consequences of labor law or civil law have, for example:
- damage in case of health problems
- Compensation for pain and sufferingfor example in the case of mobbing
- cause for protection from dismissal, when stress is not taken seriously.
For companies this means: prevention is not just a question of treatment, but also of risk management.
Digital tools like clockin help companies fulfill their duty of care to proactively satisfy:
- Effortless time recording – via app or terminal
- Transparent evaluations of overtime and rest times
- Data protection compliant recording of sensitive information
How can employers actively implement duty of care?
- Create clear structures: Establish processes for conflict resolution, health promotion and data protection.
- Raising employee awareness: Offer training on communication, addiction prevention, or mental health.
- Promote a culture of feedback: Identify concerns early and discuss them constructively.
- Sharing responsibility: Hold managers accountable, for example through regular discussions within the team.
Bottom line: Take responsibility together
Duty of care is more than a legal framework: it is part of a healthy corporate culture. Employers who take responsibility and create structural solutions not only strengthen the trust of their employees, but also their attractiveness as an employer. And employees also do their part to identify and address risks early.
Who up digital medium imposes this requirement in daily working life live concretely. With clockin all this is simple, flexible and legally secure: for happier employees, fewer conflicts and more trust in the team.
