When the boss exceeds his limits
The manager may criticize the work performance of his employees in the context of management activities. In fact, when running a business, this right is absolutely necessary. For all complaints, however, the statements must be made in a factual manner. Yelling at or swearing at employees is therefore not acceptable under any circumstances. Strictly speaking, a personal insult is even a criminal offense, which is punished according to §185 StGB. In addition to the statutory provision, the employer also has a special duty of care towards the employees. The Confederation of German Trade Unions writes on its website that the employer “must take their legitimate interests into account and protect them from health hazards in the workplace”. This task also relates to inappropriate treatment at work. An employer must ensure that employees are treated correctly.
How to deal with inappropriate treatment
If a supervisor at work actually treats his employees with disrespect, those affected can defend themselves against it. The specialist lawyer for labor law, Johannes Schipp, recommends in an article in the Handelsblatt as a first step to speak personally with the manager about their behavior. Employees should make a written note of what happened and when the conversation took place, and also make a note of any witnesses. If the supervisor does not change his behavior, a complaint can be made to the works council or staff council. Ultimately, the matter will end up directly with the employer. After all, he is obliged to provide care and must influence the manager. Employees should be careful, however, as they may face further difficulties. Because it is possible that the employer also stands behind his area manager and strengthens his back.
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