The work bans only help if the business learns about illnesses. That is why the law requires employees and employers to act. This lesson shows who must do what.
Your duty: report without delay
§ 43 (2) IfSG: if obstacles under § 42 (1) arise in your case after you start work, you must report this to your employer without delay.
"Without delay" (unverzüglich) means: without culpable hesitation, so immediately, as soon as you know. Do not wait for the start of your shift or for the next day.
Obstacles are:
- one of the illnesses under § 42 (1) no. 1, or suspicion of one,
- an infected wound or skin disease under no. 2,
- a test result showing that you excrete germs (no. 3).
EU Regulation (EC) No 852/2004 also requires employees to report illnesses and symptoms, and if possible their causes, to the food business operator without delay.
How do you report?
The law prescribes no form. Phone or write, so that the employer can react quickly. It helps if you say:
- what symptoms you have and since when,
- whether a doctor has already found anything,
- whether you work with unpackaged food.
You do not have to give your employer every detail of your health. But the employer must know that an obstacle exists, so that they can react correctly.
The employer's duty
§ 43 (3) IfSG: if the employer learns of indications or facts that justify a work ban, the employer must immediately take the measures that are necessary to prevent the germs from spreading further.
This means, for example:
- removing the person concerned from the work at once,
- cleaning and disinfecting work surfaces, equipment and sanitary rooms,
- checking whether other employees could be affected,
- asking the local health office (Gesundheitsamt) if needed.
The employer may not go on employing a person who is under a ban in these activities. That would be a breach of § 42 IfSG.
Must the employer inform the Gesundheitsamt?
That depends on the case. Doctors and laboratories have reporting duties of their own under the IfSG. If illnesses cluster, the Gesundheitsamt may step in. If in doubt, it makes sense to ask there. This course does not replace legal advice.
And my pay?
Questions about continued payment of wages or compensation are governed by other laws and by your contract. Ask your employer, your health insurer or the Gesundheitsamt. Important: hiding an illness is not a solution. It puts guests and colleagues at risk and can have legal consequences. Anyone who fails to make the report under § 43 (2), or makes it incorrectly, incompletely or too late, commits an administrative offence. The fine can be up to EUR 25,000 (§ 73 (1a) no. 16a and (2) IfSG). Anyone who keeps working despite a ban can even be committing a criminal offence (§ 75 (1) no. 2 IfSG).
No pressure
An employer may not demand that you keep working while ill. Anyone who employs a person contrary to § 42 (1) IfSG can be committing a criminal offence (§ 75 IfSG). If you are put under pressure, contact the Gesundheitsamt or an advice centre.
In short
- Notice the signs, stop work.
- Inform the employer at once.
- See a doctor and mention your workplace.
- The employer takes measures.
- Go back to work only when the ban no longer applies.