Labor law, law – security in the daycare

Regular instruction

Your duties as a leader also include instructing your employees and parents in certain cases about the statutory provisions that apply in your daycare center. Find out here what you need to think about.

§ Legal background

As a supervisor, you must regularly notify your staff, but also your parents, about the legal regulations applicable in your day care center.

The first line deals with questions of infection protection, occupational safety and accident prevention.

§ What does that mean for you?

As the leader, you have to make sure that these instructions are actually carried out.

§ This has to be done

Use the overview below for instructions.

Document the instructions

The instructions themselves can be given orally. However, it is important that you can document that they actually took place. You should therefore have your staff sign it that the instruction has taken place. Caution! Don’t forget the date and keep this documentation for at least 3 years.

Design instructions sensibly

It is not very effective if you tell your colleagues about B. Read out leaflets on safety regulations. It makes more sense if you refer the instructions specifically to your day-to-day life in daycare. Take z. B. always point out one point of the safety regulations and discuss them in detail in your weekly service meeting.

Prepare a welcome letter

For new employees, you should draw up a detailed "welcome letter" that contains all the instructions. Discuss this letter with the newcomer and let them confirm receipt. Then you have proof that the instruction has taken place.

Overview: instruction in the daycare

Type of instruction Who is instructed? who is responsible? When must instruction be given? Repetition? Legal regulation / regulation
Occupational medical instruction regarding the handling of biological agents (e.g. risk of infection when changing diapers) Employees who deal with children Carrier or management When setting Yearly § 12 Organic Substances Ordinance (BioStoffV)
Instruction on how to deal with infectious diseases in daycare staff Carrier or management When setting Every two years Section 35 Infection Protection Act (IfSG)
Instruction that in the cases mentioned in § 42 IfSG, it is not allowed to work with food in the daycare Kitchen staff / educators First instruction: health department
Repetition: institution or management
When setting Yearly Section 42 IfSG
Instructions on which infectious diseases in children or in the family are prohibited from daycare. parents Carrier or management When the child is admitted Ideally annually Section 34 IfSG

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Then I will show you in detail how you can react correctly in difficult situations. About in the 5 cases that you got to know above.

With this report you consistently uncover danger spots like those from above. This is true both in the daycare building itself and on the outdoor area or on excursions.

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Consequences of a refusal to work

Perhaps, as a leader in your team, you have also had problems with employees who did not follow your instructions. Read here how you can deal with such behavior in a legally secure manner.

The annual summer festival is to take place in the “Löwenburg” day care center on Saturday. The date was chosen so that working parents also have the chance to take part in the celebration. The head of the daycare center asked the colleagues to come to the festival and support them in looking after the children. She has informed that the hours are considered overtime and will be remunerated in accordance with the regulations in the employment contracts.

The whole The team is happy to accept this extra work. Only Mrs. Vielbert informed the director on Friday afternoon before the festival that she had better things to do in her free time than coming to the daycare. You will not participate in weekend events in the future.

§ Legal background

The institution responsible for your institution has the right to direct or instruct its employees. As a rule, he will transfer this to you as head. You therefore have the right to give instructions to your team. If an employee refuses to follow these instructions, she violates the obligations arising from her employment contract.

§ What does that mean for you?

As a leader, you have to think about how to deal with such behavior, especially since such a refusal also undermines your authority and recognition in the team.

§ This has to be done

Check what employment law options you have and definitely coordinate your approach with your institution.

Check that your instruction was lawful

Of course, you must not abuse your management right and, if an employee refuses to work, you must first check whether your instruction was lawful and within the scope of the labor or collective agreement provisions.

Find the conversation

If an employee does not follow your instructions, you should first talk to her before taking any measures under labor law.

Give a warning

If you cannot remedy the situation on good, you should inform your carrier. Since the refusal to work is a violation of the employment contract obligations, you can warn such behavior. You can use the following template to formulate such a warning due to refusal to work. In the event of repetition, you and your carrier can also have one behavioral termination think.

Pattern: warning for refusal to work

Dear Ms. Vielbert,

we had to find out that on August 14th, 2009 you refused to take part in our day care center summer party and to carry out your tasks there as an educator. As a result, various planned game offers had to be canceled.

We are not prepared to accept this behavior, which constitutes a breach of duty in your employment contract. We hereby issue you with one Warning and ask you to comply with your obligations under your employment contract and to follow the instructions of your superiors. If you refuse to work again, we will terminate the employment relationship, if necessary also without notice. We will attach a copy of this warning to your personnel file.

Sincerely yours

Sabina Hauberger
Head of daycare center “Löwenburg”

Equal Treatment Act

Usually around June, the selection of new employees goes into the "hot phase" in many daycare centers. Interviews are pending. Read here which questions are not permitted under consideration of the General Equal Treatment Act (AGG).

§ Legal background

§ 1 AGG stipulates that no one may be discriminated against on the basis of ethnic origin, race, gender, religion, disability, age or sexual identity. This “catalog” is also decisive for interviews that you, as the manager, conduct on behalf of your sponsor.

All questions that are directly related to the suitability for the position advertised by you are permitted. Questions that discriminate against the applicant are not permitted. The applicant does not have to answer such questions.

The protection of applicants goes even further: Since they have to fear that an unanswered question will be interpreted to their disadvantage, uninhibited questions can be lied to. This does not have any labor law consequences.

§ What does that mean for you?

As a leader, you should want an open and honest interview to lead, avoid inadmissible questions. Otherwise you may run the risk that your institution will be confronted with claims for damages from the discriminated applicant.

§ This has to be done

Leave the following 10 questions
outside of an interview:

"Are you pregnant? And what about family planning? "

Questions about an existing pregnancy are inadmissible, regardless of whether only women or men have applied for the position. The question of whether you want to marry or have children is also discriminatory and therefore inadmissible.

"Özmir? Is that a Turkish name? "

You should also avoid questions that target the ethnic origin of an applicant.

"What was your previous salary?"

The question of previous earnings is of no interest in a day care center. It is therefore better to ask about salary expectations. That’s fine.

"Are you in debt?"

Since your employees generally have no money to manage, you have no legitimate interest in finding out about their financial situation.

"Are you often sick?"

You must not ask about existing illnesses if it is only a question of finding out about the applicant’s general health. However, you may already ask whether the applicant suffers from the diseases listed in Section 34 Infection Protection Act (IfSG).

"Are you handycapped?"

Since the AGG, which prohibits discrimination based on disability, has come into force, such questions have no longer been permitted.

"Are you HIV positive?"

As a rule, you are not interested in knowing whether an employee is HIV-positive, i.e. infected with the AIDS pathogen. The risk of infection is zero if the normal hygiene standards are observed. The question of HIV infection is therefore inadmissible.

"Which religion do you belong to?"

The question of religious affiliation is basically taboo. Something else only applies if the institution responsible for your institution is a religious community. As a so-called "trend operation" you can then ask about it.

"Are you part of a party or union?"

The question of party or union membership is also inadmissible.

"Are you a criminal record?"

In principle, the question of a criminal record may only be asked if this is of interest to the workplace. So you can ask whether a conviction e.g. B. because of sexual assault or ill-treatment of those under protection. A criminal record e.g. B. because of a road traffic offense is of no interest for working as a teacher. Therefore, only ask about the criminal records relevant to the daycare.


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"The 5 biggest liability traps
for you as the daycare manager ”

Then I will show you in detail how you
react correctly in dangerous situations. Approximately
in the 5 cases that you got to know above.

With this report you can cover danger spots such as
that consistently from above. Both
in the daycare building itself as well
on the outdoor area or on excursions.

you receive "The 5 biggest liability traps for
You as the daycare manager "
as a thank you for saying
Special information service “Law & Safety in the daycare "
Try it free for a full 30 days.

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"Law & Safety in the daycare "
is independent!

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