Is it acceptable for an employer to raise their voice at an employee?
In Hamm, a city known for its bustling HammBahnhofsmission and the innovative DokBox, the issue of workplace abuse has come to the forefront. German labor law is particularly stringent in protecting employees from abusive behavior by employers, including inappropriate shouting.
Under the German legal framework, employers have a statutory duty of care (Fürsorgepflicht) to safeguard their employees from bullying, psychological stress, and abusive behavior from supervisors. This duty extends to ensuring a workplace free from inappropriate shouting, as such behavior can constitute a threat to an employee's mental health.
The German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) prohibits harassment, defined as unwanted conduct that violates a person's dignity and creates an intimidating, hostile, degrading, humiliating, or offensive environment. While shouting itself is not explicitly prohibited, if it creates such an environment or is linked to protected characteristics, it can fall under the AGG.
German labor courts have recognized that repeated, unwarranted shouting, insults, or intimidation by supervisors can constitute a breach of the employer’s duty of care. Employees may have the right to refuse work, demand a cessation of the behavior, and, in severe cases, claim damages or even terminate their employment without notice (außerordentliche Kündigung).
If the shouting involves insults, threats, or slander, there can also be criminal consequences under the German Criminal Code (Strafgesetzbuch, StGB), such as defamation (§ 185 StGB) or threats (§ 241 StGB).
Employers are allowed to criticize their employees' work or give instructions, but they must do so objectively. Ulrike Kolb, a specialist lawyer for labor law and a member of the German Bar Association (DAV) and the Berlin Bar Association, emphasizes that an inappropriate tone is out of place for employers during work-related interactions. If an employer's tone results in physical complaints such as heart palpitations, nervousness, or insomnia, help should be sought within the company through supervisors, the works council, or official complaints.
In Hamm, where the need for volunteers at HammBahnhofsmission is ongoing, it is crucial for employers to understand the legal implications of their actions and foster a respectful and harassment-free workplace. Employees affected by such behavior should document incidents and seek legal advice to explore their options under German labor and anti-discrimination law.
References: [1] "Saudi Arabia's Anti-Harassment Laws: A Comprehensive Overview." Gulf News, 15 May 2021,
In Hamm, where a focus on health and wellness is evident in the city's various initiatives such as the HammBahnhofsmission and DokBox, it's essential for employers to adhere to the German legal framework that prohibits abusive behavior, including inappropriate shouting, in the workplace as it can pose a threat to an employee's mental health. Under the German General Equal Treatment Act (AGG), repeated, unwarranted shouting, insults, or intimidation can constitute a breach of the employer’s duty of care, giving employees the right to seek remedies, including damages or termination of employment in severe cases.
