Safety
"Stop whining, that's part of the job."
You suffer from ongoing psychological pressure, bullying, stress or are at your limit.
§ 5 ArbSchG / § 618 BGB
The boss may NOT do that
Psychological strain is a hazard — the employer has a duty to act!
The employer must carry out a risk assessment that expressly also covers psychological strain (§ 5 (3) no. 6 ArbSchG). The duty of care (§ 618 BGB) also applies to mental health. Where there is ongoing stress, bullying, excessive demands or fear, they must take measures. If you fall ill because of it, normal sick leave with continued pay applies — you do not have to tell the company the diagnosis.
What the law says
§ 5 (3) no. 6 ArbSchG – Risk assessment
A hazard may arise in particular from psychological strain at work.
§ 618 BGB – Duty of care
The person entitled to the services must set up and maintain rooms, equipment or apparatus that they have to provide for the performance of the services, and regulate services performed under their direction, so that the obligated person is protected against dangers to life and health as far as the nature of the service allows.
What you can do
- A family-doctor appointment → a certificate of incapacity with a diagnosis protects you under employment law.
- The telephone counselling service is free 24/7: 0800 111 0 111 or 0800 111 0 222.
- Involve the JAV / works council / a person of trust — they can relieve the pressure.
- Changing training company is possible (§ 22 BBiG, possibly with a termination agreement) — get advice first.
Email template for your trainer
Subject: Note on increased psychological strain at the workplace
Dear [name of trainer],
I would like to point out a significant situation of psychological strain that has affected me at the workplace since [period]: [brief description — excessive demands / conflicts / pressure].
Under § 5 (3) no. 6 ArbSchG, the assessment of psychological strain is part of the risk assessment. I kindly ask for a confidential conversation and, if necessary, an adjustment of the working conditions.
Kind regards
[Your name]
More cases: Safety
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- A youth health check-up (J1)? You don't need that.
- 35 degrees in the office? You'll have to cope.
- Come on, a beer after work — are you in?