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=U3= Sec611 -- Section 611 Typical contractual duties in a service contract
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=S=> BGB 611. 1 By means of a service contract , a person who promises service is obliged to perform the services promised , and the other party is obliged to grant the agreed remuneration .
=S=> BGB 611. 2 Services of any type may be the subject matter of service contracts .
=U0= -- --
=U3= Sec612 -- Section 612 Remuneration
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=S=> BGB 612. 1 Remuneration is deemed to have been tacitly agreed if in the circumstances it is to be expected that the services are rendered only for remuneration .
=S=> BGB 612. 2 If the amount of remuneration is not specified , then if a tariff exists , the tariff remuneration is deemed to be agreed ; if no tariff exists , the usual remuneration is deemed to be agreed .
=S=> BGB 612. 3 ( repealed )
=U3= Sec612a -- Section 612a Prohibition of victimisation
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=S=> BGB 612a The employer may not discriminate against an employee in an agreement or a measure because that employee exercises his rights in a permissible way .
=U3= Sec613 -- Section 613 Non-transferability
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=S=> BGB 613 The party under a duty of service must in case of doubt render the services in person . The claim to services is , in case of doubt , not transferable .
=U3= Sec613a -- Section 613a Rights and duties in the case of transfer of business
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=S=> BGB 613a. 1 If a business or part of a business passes to another owner by legal transaction , then the latter succeeds to the rights and duties under the employment relationships existing at the time of transfer . If these rights and duties are governed by the legal provisions of a collective agreement or by a works agreement , then they become part of the employment relationship between the new owner and the employee and may not be changed to the disadvantage of the employee before the end of the year after the date of transfer . Sentence 2 does not apply if the rights and duties with the new owner are governed by the legal provisions of another collective agreement or by another works agreement . Prior to expiry of the period of time under sentence 2 , the rights and duties may be changed if the collective agreement or the works agreement no longer applies or , where it is not the case that both parties are bound by a collective agreement in the scope of applicability of another collective agreeme nt , the application of that collective agreement is agreed between the new owner and the employee .
=S=> BGB 613a. 2 The previous employer is jointly and severally liable with the new owner for duties under subsection ( 1 ) to the extent that they arose prior to the date of transfer and are due before the end of one year after that date . If such duties are due after the date of transfer , however , the previous employer is only liable for them to the extent that corresponds to the part of their assessment period that ended on the date of transfer .
=S=> BGB 613a. 3 Subsection ( 2 ) does not apply if a legal person or a commercial partnership ceases to exist through conversion .
=S=> BGB 613a. 4 The termination of the employment relationship of an employee by the previous employer or by the new owner due to transfer of a business or a part of a business is ineffective . The right to terminate the employment relationship for other reasons is unaffected .
=S=> BGB 613a. 5 The previous employer or the new owner must notify employees affected by a transfer in text form prior to transfer : of the date or planned date of transfer , of the reason for the transfer , of the legal , economic and social consequences of the transfer for the employees , and of measures that are being considered with regard to employees .
=S=> BGB 613a. 6 The employee may object in writing to the transfer of the employment relationship within one month of receipt of notification under subsection 5. The objection may be addressed to the previous employer or to the new owner .
=U3= Sec614 -- Section 614 Due date of remuneration
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=S=> BGB 614 Remuneration is to be paid after performance of the services . If remuneration is assessed by time periods , then it is to be paid at the end of the individual time periods .
=U3= Sec615 -- Section 615 Remuneration in the case of default in acceptance and business risk
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=S=> BGB 615 If the person entitled to services is in default in accepting the services , then the party owing the services may demand the agreed remuneration for the services not rendered as the result of the default without being obliged to provide cure . However , he must allow to be credited against him what he saves as a result of not performing the services or acquires or wilfully fails to acquire through use of his employment elsewhere . Sentences 1 and 2 apply with the necessary modifications in cases in which the employer bears the risk of loss of working hours .
=U3= Sec616 -- Section 616 Temporary prevention from performing services
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=S=> BGB 616 The person obliged to perform services is not deprived of his claim to remuneration by the fact that he is prevented from performing services for a relatively trivial period of time for a reason in his person without fault on his part . However , he must allow to be credited against him the amount he receives for the period when he is prevented under a health or accident insurance policy that exists on the basis of a statutory duty .
=U3= Sec617 -- Section 617 Duty of medical care
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=S=> BGB 617. 1 If , in a permanent service relationship that completely or mainly takes up the economic activity of the person obliged to perform services , the person obliged is integrated into the joint household , then the person entitled to services must , in the event of illness , grant him the necessary food and medical treatment up to a duration of six weeks , but not beyond termination of his service relationship , unless the illness was caused by the person obliged by intent or gross negligence . The provision of food and medical treatment may be granted by the admission of the person obliged to a hospital . The costs may be credited against the remuneration owed for the period of illness . If the service relationship is terminated by the person entitled to services under section 626 on the grounds of illness , then termination of the employment caused by this is not taken into account .
=S=> BGB 617. 2 The duty of the person entitled to services does not arise if provision has been made for the food and medical treatment by an insurance company or a public health institution .
=U3= Sec618 -- Section 618 Duty to undertake protective measures
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=S=> BGB 618. 1 The person entitled to services must furnish and maintain premises , devices and equipment that he must provide for performance of the services in such a way and must arrange services that must be undertaken on his order or under his supervision in such a way that the person obliged to perform services is protected against danger to life and limb to the extent that the nature of the services permits .
=S=> BGB 618. 2 If the person obliged has been integrated into the common household , then the person entitled to services must provide the installations and make the arrangements , with regard to the living and sleeping space , the provision of food and work and leisure time , that are required with a view to the health , morality and religion of the person obliged .
=S=> BGB 618. 3 If the person entitled to services fails to fulfil the duties it has with regard to the life and the health of the person obliged , then the provisions of sections 842 to 846 governing torts apply with the necessary modifications to his duty to provide damages .
=U3= Sec619 -- Section 619 Absolute nature of welfare duties
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=S=> BGB 619 The duties incumbent upon the person entitled to services under sections 617 and 618 may not be cancelled or restricted in advance by contract .
=U3= Sec619a -- Section 619a Burden of proof when the employee is liable
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=S=> BGB 619a Notwithstanding section 280 ( 1 ) , the employee must only provide the employer with compensation for damage arising from the breach of a duty under the employment relationship if he is responsible for the breach of duty .
=U3= Sec620 -- Section 620 Termination of services relationship
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=S=> BGB 620. 1 The service relationship ends at the end of the period of time for which it has been entered into .
=S=> BGB 620. 2 If the duration of the service relationship neither is specified nor may be inferred from the nature or the purpose of the services , then either party may terminate the service relationship under the provisions of sections 621 to 623.
=S=> BGB 620. 3 The Part-Time Work and Fixed-Term Employment Act [ Teilzeit - und Befristungsgesetz ] governs employment contracts entered into for a specified period of time .
=U3= Sec621 -- Section 621 Notice periods for service relationships
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=S=> BGB 621 In the case of a service relationship that is not an employment relationship within the meaning of section 622 , termination is allowed if the remuneration is assessed by days , on any day to the end of the following day ; if the remuneration is assessed by weeks , at the latest on the first working day of a week to the end of the following Saturday ; if the remuneration is assessed by months , at the latest by the fifteenth of one month to the end of the calendar month ; if the remuneration is assessed by quarters or longer periods of time , observing a notice period of six weeks , to the end of a calendar quarter ; if the remuneration is not assessed by time periods , at any time ; in the case of a service relationship that completely or mainly takes up the economic activity of the person obliged ; however , a notice period of two weeks must be observed .
=U3= Sec622 -- Section 622 Notice periods in the case of employment relationships
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=S=> BGB 622. 1 The employment relationship of a wage-earner or a salary-earner ( employee ) may be terminated with a notice period of four weeks to the fifteenth or to the end of a calendar month .
=S=> BGB 622. 2 For notice of termination by the employer , the notice period is as follows if the employment relationship in the business or the enterprise has lasted for two years , one month to the end of a calendar month , has lasted for five years , two months to the end of a calendar month , has lasted for eight years , three months to the end of a calendar month , has lasted for ten years , four months to the end of a calendar month , has lasted for twelve years , five months to the end of a calendar month , has lasted for fifteen years , six months to the end of a calendar month , has lasted for twenty years , seven months to the end of a calendar month . In calculating the duration of employment , time periods prior to completion of the twenty-fifth year of life of the employee are not taken into account .
=S=> BGB 622. 3 During an agreed probationary period , at most for the duration of six months , the employment relationship may be terminated with a notice period of two weeks .
=S=> BGB 622. 4 Provisions differing from subsections ( 1 ) to ( 3 ) may be agreed in collective agreements . Within the scope of applicability of such a collective agreement , the different collective agreement provisions between employers and employees who are not subject to collective agreements apply if the application of collective agreements has been agreed between them .
=S=> BGB 622. 5 In an individual contract , shorter notice periods than those cited in subsection ( 1 ) may be agreed only if an employee is employed to help out on a temporary basis ; this does not apply if the employment relationship is extended beyond a period of three months ; if the employer as a rule employs not more than 20 employees with the exception of those employed for their own training and the notice period does not fall short of four weeks . When the number of employees employed is determined , part-time employees with regular weekly working hours of not more than 20 hours are counted as 0. 5 employees and those working not more than 30 hours are counted as 0. 75 employees . The agreement in an individual contract of longer notice periods than those stated in subsections ( 1 ) to ( 3 ) is unaffected by this .
=S=> BGB 622. 6 For notice of termination of employment by the employee , no longer notice period may be agreed than for notice of termination by the employer .
=U3= Sec623 -- Section 623 Written form of termination
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=S=> BGB 623 Termination of employment by notice of termination or separation agreement requires written form to be effective ; electronic form is excluded .
=U3= Sec624 -- Section 624 Notice period in the case of contracts lasting more than five years
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=S=> BGB 624 If the service relationship is entered into for the lifetime of a person or for a longer period of time than five years , then it may be terminated by the person obliged at the end of five years . The notice period is six months .
=U3= Sec625 -- Section 625 Tacit extension
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=S=> BGB 625 If the service relationship is continued after the end of the service period by the person obliged with the knowledge of the other party , then it is deemed to be extended for an indefinite period of time unless the other party objects to it without undue delay .
=U3= Sec626 -- Section 626 Termination without notice for a compelling reason
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=S=> BGB 626. 1 The service relationship may be terminated by either party to the contract for a compelling reason without complying with a notice period if facts are present on the basis of which the party giving notice cannot reasonably be expected to continue the service relationship to the end of the notice period or to the agreed end of the service relationship , taking all circumstances of the individual case into account and weighing the interests of both parties to the contract .
=S=> BGB 626. 2 Notice of termination may only be given within two weeks . The notice period commences with the date on which the person entitled to give notice obtains knowledge of facts conclusive for the notice of termination . The party giving notice must notify the other party , on demand , of the reason for notice of termination without undue delay in writing .
=U3= Sec627 -- Section 627 Termination without notice in the case of a position of trust
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=S=> BGB 627. 1 In a service relationship that is not an employment relationship within the meaning of section 622 , notice of termination is allowed , even without the requirement specified in section 626 , if the person obliged to perform services , without being in a permanent service relationship with fixed earnings , must perform services of a higher nature with which people are customarily entrusted on the basis of special trust .
=S=> BGB 627. 2 The person obliged to perform services may only give notice in such a manner that the person entitled to services can obtain the services elsewhere , unless there is a compelling reason for untimely notice of termination . If he should give notice in untimely fashion without such cause , then he must compensate the person entitled to services for damage arising from this .
=U3= Sec628 -- Section 628 Partial remuneration and damages in case of termination without notice
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=S=> BGB 628. 1 If after commencement of performance of the service , the service relationship is terminated on the ground of section 626 or 627 , then the person obliged to perform services may demand a part of his remuneration corresponding to his services performed thus far . If he gives notice without being prompted to do so by action of the other party in breach of contract , or if he should prompt termination by the other party by his own action in breach of contract , then he has no claim to the remuneration to the extent that his previous services are of no interest to the other party as a result of the notice of termination . If remuneration is paid in advance for a later period of time , then the person obliged must reimburse it under the provisions of section 346 or , if notice of termination is given by reason of a circumstance for which he is not responsible , under the provisions on the return of unjust enrichment .
=S=> BGB 628. 2 If notice of termination is prompted by the conduct of the other party in breach of contract , then the other party is obliged to compensate the damage arising from the dissolution of the service relationship .
=U3= Sec629 -- Section 629 Time off for search for employment
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=S=> BGB 629 After the termination of a permanent service relationship , the person entitled to services must grant the person obliged , on demand , reasonable time to seek another service relationship .
=U3= Sec630 -- Section 630 Duty to provide a reference
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=S=> BGB 630 Upon the termination of a permanent service relationship , the person obliged may demand from the other party a written reference on the service relationship and its duration . The reference must extend , on demand , to the services performed and conduct in service . The reference may not be provided in electronic form . If the person obliged is an employee , section 109 of the Trade Code [ Gewerbeordnung ] applies .
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