Yeahhh… I’m foreseeing a lot of lawsuits and fines. That shit is extremely illegal in Germany.
Can you quote a law for this?
It would fall under harassment by your employer.
As the Entgeltfortzahlungsgesetz (Entgfg) § 5 Abs. 1 handles the duties and responsibilities of the employee, therefore limiting the employer. A Arbeitsunfähigkeitsbescheinigung (short AU) (certificate of incapacity for work) is always complete and full, without any compromise towards the employee. So you don’t even have to answer your phone at all, much less open your door.
There are ways for your employer to officially doubt the validity of the AU with the health insurance, that then can, but don’t have to, order a medical examination to confirm the AU. Based on Sozialgesetzbuch, Fünftes Buch (SGB V), § 275 Abs. 1a Buchstabe a)
This is an official inquiry though, so any and all suspicions about unhealthy work environments would be officially recorded and investigated, which in this case I imagine would be pretty bad for Tesla.It would fall under harassment by your employer.
§5 EntgFG doesn’t say anything about an employer visiting their employee. I couldn’t find a ruling stating that knocking on someones door constitutes harassment. Of course the employer doesn’t have to open, but you still haven’t produced evidence that the visit itself is illegal.
Obviously the physical visit itself isn’t illegal, the employer is still another civilian that can knock on however many doors they want to. But as soon as the motivation behind it is to pressure the employee to return to work despite having an AU, or to doubt the validity of the AU, it violates the previously mentioned laws. The intent is what’s making the difference. Depending on how the employer phrases their requests, this might also violate §240 StGB.
Unions rise up
Thierig also pointed out that sick leave tended to increase on Fridays and late shifts. “That is not an indicator of bad working conditions because the working conditions are the same on all working days and across all shifts. It suggests that the German social system is being exploited to some extent,” he said.
How bad of a manager can you be to not understand this? When your sick leave is more than three times as high as the automotive average, then your working conditions are so bad people are getting sick. Being too exhausted to work or unable to take another day of horrid working conditions at the end of the week is a symptom of that. Not being able to make it through a late shift for health reasons is not abusing the Healthcare system. That is what it’s for. Stop treating your people bad and they will be healthier and come to work. How hard is that to understand?
the working conditions are the same on all working days and across all shifts
Dude has obviously never worked so hard that his energy for the week is drained on friday.
Such home visits were not well-received, and bosses were greeted with slammed doors and threats to call the police. But Thierig claimed checking up on sick workers at home was common practice and that they were appealing to “the employees’ work ethic.”
Wrong. You are allowed to visit your employee at home when you have a very good reason to believe they are faking it. But you visited 30 employees. You’re doing this shit systematically. Even the union is calling you out for overworking people until they get sick. I hope you keep fucking up like this. Labour courts are usually heavily in favour of employees. When they band together the court will rip you a new one.
Removed by mod
The unions should visit André Thierig’s home and see how he likes it.
Guten Abend Herr Thierig, we just came to see if you are okay.
You are not allowed to visit an employee’s residence without invitation, so what you did made us very concerned about your mental wellbeing.
Therefore we have brought our doctor with us to check up on you, to make sure you are allright.Tschüss!
