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Duties

"You broke the device — you pay."

Something broke while you were working, and the company wants compensation.

Arbeitnehmerhaftung / § 12 Abs. 2 BBiG / § 13 Nr. 5 BBiG

It depends …
For slight negligence you pay nothing — and trainees are given more leeway.
Damage at work is governed by internal loss sharing: for slight negligence (can happen to anyone) you are not liable at all. For moderate negligence the damage is shared according to the circumstances. Only for gross negligence or intent are you usually fully liable, and even then a cap is possible if your pay is grossly out of proportion to the damage. For trainees, age, experience and whether you were adequately instructed and supervised all count. You must handle tools and machines with care (§ 13 no. 5 BBiG) — but a flat amount for damage in the contract is void (§ 12 (2) BBiG).

What the law says

BAG Grand Senate 27 Sep 1994 – GS 1/89
The limitation of liability applies to all work caused by the business and performed under the employment relationship.
§ 13 no. 5 BBiG – Duties
Trainees must treat tools, machines and other equipment with care.
§ 12 (2) no. 4 BBiG – Void
Agreements setting the amount of damages as flat sums are void.

What you can do

  1. Report the damage immediately and honestly — concealing it quickly becomes gross misconduct.
  2. Write down how it happened and whether you had been instructed.
  3. Do not sign anything accepting a payment before you have had advice.
  4. If the company has insurance, it must use that first.
Email template for your trainer

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