What does duty of care mean?
The duty of care (Fürsorgepflicht) obliges employers to protect their employees from risks to their health, their life and their personal rights. It is anchored in law in the German Civil Code (Section 618 BGB) and supplements the general obligations arising from the employment contract.
On top of that come the employer's public law duties of care arising from
- the German Occupational Safety Act (Arbeitsschutzgesetz, ArbSchG),
- the German Occupational Safety Specialists Act (Arbeitssicherheitsgesetz, ASiG),
- the German Workplace Ordinance (Arbeitsstättenverordnung, ArbStättV),
- further ordinances protecting employees (e.g. GefStoffV, BioStoffV),
- the rules of the employers' liability insurance associations (Berufsgenossenschaften).
At the same time, employees have a duty to play their part - for example by flagging problems and health risks in good time.
In short: the duty of care is a two-sided protective mechanism built on mutual responsibility.
Working time tracking as part of the duty of care
When people think of care, they think first of ergonomic chairs or stepping in when someone is being bullied. But precise, transparent working time tracking is also a central means of avoiding overload - and therefore a direct contribution to the duty of care.
Why? Because it…
- makes overtime visible - creating a basis for a fair distribution of work.
- ensures statutory rest periods - particularly in industries with a heavy workload.
- spots psychological overload early - for instance when working hours are consistently high.
- creates reliability - employees know that their time is valued and documented.
Tools like clockin help you meet these requirements digitally, in a legally compliant way and without paperwork chaos - whether via the app, on a smartphone or in the browser.
What does the duty of care mean in concrete terms?
It covers a lot of ground - here is an overview of the most important areas:
- Health protection: workplaces have to be designed safely, e.g. through ergonomic equipment, measures against mould or the prevention of accidents.
- Psychological strain: employers should watch out for stress factors, overload or burnout risks - particularly in phases that demand a lot of consultation.
- Conflict prevention: where there is bullying or discrimination, stepping in is an obligation. An open workplace culture and clear structures help to spot conflicts early.
- Data protection and personal rights: health data and private information must be treated confidentially.
- Protecting particularly vulnerable groups: this includes older employees, people with chronic illnesses, young people, pregnant women and breastfeeding mothers and people under particular strain in their private lives.
Duty of care in cases of mental illness, burnout or depression
Mental health deserves just as much protection as physical health. Employers have to take warning signs seriously - even where there is no diagnosis. In concrete terms that means:
- Offer a conversation, without applying pressure.
- Review the workload and adjust it if necessary.
- Point employees towards support services (e.g. the company medical service or external contact points).
- Maintain confidentiality - towards colleagues as well.
What happens if the duty of care is breached?
If an employer fails to meet these obligations, that can have consequences under employment law or civil law, such as:
- damages for harm to health
- compensation for pain and suffering, e.g. in cases of bullying
- an unfair dismissal claim, where strain is not taken seriously.
For companies that means: prevention is not only a question of care, but also of risk management.
Digital tools like clockin help companies meet the duty of care before problems arise:
- Time tracking without the effort - via app or terminal
- Transparent reporting on overtime and rest periods
- Logging of sensitive information in line with data protection rules
How can employers put the duty of care into practice?
- Create clear structures: define processes for conflict resolution, health promotion and data protection.
- Raise employee awareness: offer training on communication, addiction prevention or mental health.
- Encourage a feedback culture: pick up on worries early and discuss them constructively.
- Share responsibility: hold managers accountable - e.g. through regular conversations within the team.
Conclusion: taking responsibility together
The duty of care is more than a legal framework - it is part of a healthy company culture. Employers who take responsibility and create structural solutions strengthen not only their employees' trust but also their own appeal as an employer. And employees, too, play their part by spotting risks early and raising them.
Anyone who relies on digital support can live up to this standard in day-to-day work. clockin makes that simple, flexible and legally compliant - for happier employees, fewer conflicts and more trust within the team.
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