1896de Book2 Chapter07 Title06

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

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Chapter VII. Particular Kinds of Obligations.

Title VI. Contract for Service.

Section 611.

• [I] By a contract for service, the person who promises service is bound to perform the service promised, and the other party is bound to pay the remuneration agreed upon.
• [II] Service of any kind may be the object of the contract for service.

Section 612.

• [I] Remuneration is deemed to have been tacitly agreed upon if under the circumstances the performance of the service is to be expected only for remuneration.
• [II] If the amount of the remuneration is not specified, and if there is a tariff, the tariff rate of remuneration, or, if there is no tariff, the usual remuneration is deemed to have been agreed upon.

Section 613.

• A servant shall, in case of doubt, perform his service in person. The claim for service is in case of doubt not transferable.

Section 614.

• The remuneration is payable after the performance of the service. If the remuneration is measured by periods of time, it is payable at the end of each of the periods.

Section 615.

• If the master is in default in respect of the acceptance of the service, the servant may demand the remuneration agreed upon for the service not performed in consequence of the default, without being bound to perform any subsequent service. He must, however, deduct what he has saved in consequence of non-performance of the service, or has acquired or maliciously omitted to acquire by a different application of his service.

Section 616.

• A servant does not lose his claim to remuneration by the fact that he is prevented from performing the service for a relatively inconsiderable time by a cause personal to himself without his fault. He must, however, deduct the amount which accrues to him for the time he is prevented, from a legally compulsory insurance against sickness or accident.

Section 617.

• [I] If, in the case of a continuous service relation which claims wholly or for the most part the industrial activity of the servant, he is received into his master's household, then in case of his illness the master shall afford him the necessary care and medical attendance for a period of six weeks; not, however, beyond the termination of the service relation; provided that the illness of the servant has not been brought about wilfully or by gross negligence. The care and medical attendance may be provided by placing the servant in a hospital. The expenses may be set off against the wages due for the time of the illness. If notice to terminate the service relation is given by the master on account of the illness, as provided for in 626, the termination of the service relation caused thereby is not taken into consideration.
• [II] The obligation of the master does not arise if provision has been made for care and medical attendance by an insurance or by a public institution for the care of the sick.

Section 618.

• [I] A master has so to fit up and maintain rooms, appliances and implements which he has to provide for the performance of the service and so to regulate services which are to be performed under his orders or his direction that the servant is protected against danger to life and health as far as the nature of the service permits.
• [II] If the servant is taken into the household, the master shall make such arrangements and regulations with regard to living and sleeping rooms, sustenance, and time for labour and for recreation as are necessary with regard to the health, morality and religion of the servant.
• [III] If the master does not fulfil the obligations imposed upon him in regard to the safety and health of the servant, the provisions of 842 to 846 applicable to unlawful acts apply mutatis mutandis to his obligation to make compensation.

Section 619.

• The obligations imposed upon the master by 617, 618 may not be avoided or limited by contract in anticipation.

Section 620.

• [I] A service relation ends on the expiration of the time for which it has been entered upon.
• [II] If the duration of the service relation is neither fixed nor to be inferred from the nature or object of the service, either party may give notice to terminate the service relation as provided for in 621 to 623.

Section 621.

• [I] If the remuneration is measured by the day, notice may be given on any day for the following day.
• [II] If the remuneration is measured by the week, notice may be given only for the end of a calendar week; it shall be given, at the latest, on the first business day of the week.
• [III] If the remuneration is measured by the month, notice may be given only for the end of a calendar month; it shall be given, at the latest, on the fifteenth of the month.
• [IV] If the remuneration is measured by quarters of a year or longer periods of time, notice may be given only for the end of a quarter and only with observance of a six weeks' term of notice.

Section 622.

• The service relation of persons who are engaged with regular employment for the performance of services of a superior kind, and whose industrial activity is claimed wholly or for the most part by the service relation, e.g., of teachers, tutors, private secretaries, companions, may be terminated by notice only for the end of a calendar quarter and only with observance of a six weeks' term of notice, even if the remuneration is measured by shorter periods than quarters.

Section 623.

• If the remuneration is not measured by periods of time, notice to terminate the service relation may be given at any time; in the case, however, of a service relation claiming the industrial activity of the servant wholly or for the most part, a two weeks' term of notice shall be observed.

Section 624.

• If the service relation is entered upon for the lifetime of a person or for a longer term than five years, notice of its termination may be given by the servant after the lapse of five years. The term of notice is six months.

Section 625.

• If, after the expiration of the time of service, the service relation is continued by the servant with the knowledge of the other party, it is deemed to have been extended for an indeterminate time, unless the other party objects without delay.

Section 626.

• Notice to terminate the service relation may be given by either party without observance of any term of notice if a grave reason exists.

Section 627.

• [I] If a servant, without standing in a permanent service relation with regular employment, has to perform services of a superior kind such as are customarily entrusted to a person by reason of special confidence, then notice is permissible even without the condition specified in 626.
• [II] The servant may give notice only in such manner that the master can provide himself with the service elsewhere, unless a grave reason exists for the improper notice. If he gives improper notice without such reason, he shall compensate the master for any damage arising therefrom.

Section 628.

• [I] If, after the beginning of the performance of service, notice of its termination is given under 626 or 627, the servant may demand a proportional part of the remuneration for the services already performed. If he gives notice not occasioned by the conduct of the other party in breach of the contract, or if by his own conduct in breach of the contract he gives occasion for notice by the other party, he has no claim for remuneration if his services already performed have no value for the other party in consequence of the notice. If the remuneration has been paid in advance for a future time, the servant shall return it in accordance with 347, or, if the notice is given in consequence of a circumstance for which he is not responsible, in accordance with the provisions relating to the return of unjustified benefits.
• [II] If the notice is occasioned by the conduct of the other party in breach of the contract, he is bound to make compensation for any damage arising from the termination of the service relation.

Section 629.

• After notice of the termination of a continuous service relation, the master shall on demand allow the servant a reasonable time for seeking another employment.

Section 630.

• On the termination of a continuous service relation the servant may demand from the other party a written testimonial as to the service relation and its duration. The testimonial shall on demand contain a statement as to his efficiency and conduct in service.