Work Rules
Rules for order and behaviour at work at A&D Sale and Construction GmbH, valid for all employees. Version: October 2026
Translation from German. The German version is legally binding.
§ 1Scope and legal basis
(1)These Work Rules apply to all employees, including employees in mini-jobs and temporary helpers. They apply on construction sites, in the office, in company vehicles and during mobile work. They describe in detail the duties from the employment contract.
(2)The employer issues these rules based on its right to give instructions about order and behaviour in the company (§ 106 GewO). They are a guideline of the employer under § 5 Abs. 8 of the employment contract. § 3 of these rules is the company break rule under § 2 Abs. 1 of the employment contract. The employment contract, collective agreements and laws take priority where they say something different.
(3)In addition, the site rules, house rules and safety rules of the clients apply. In these rules, supervisors are the management, the site manager and the foreman named by the employer.
§ 2Working time, being on time, recording working time
(1)At the set start time, employees are at the place of work and ready to work, changed into work clothes and wearing protective equipment (§ 2 Abs. 3 of the employment contract). Work ends only when the place of work is tidied up and made safe.
(2)Anyone who will be late reports this to the foreman by phone before the set start time. They give the reason and the expected time of arrival.
(3)During working time, employees may leave the place of work only after telling the foreman that they are leaving. In the office and during mobile work, they may leave only after telling the management or after clocking out in the time recording system.
(4)Employees record the start, the end and the breaks of their working time themselves every day, truthfully, in the timesheet or system given to them (§ 2 Abs. 3 of the employment contract, § 17 MiLoG). It is forbidden to make entries for other people, to estimate hours afterwards and to sign other people's hours. The timesheet is handed in every week to the foreman or at the office, at the latest on the following Monday.
(5)Overtime is worked only if a supervisor orders it or agrees to it in advance (§ 2 Abs. 2 of the employment contract).
§ 3Breaks
(1)Work is interrupted by rest breaks that are fixed in advance. If you work more than six hours, the breaks are at least 30 minutes in total. If you work more than nine hours, they are at least 45 minutes in total. Nobody works more than six hours in a row without a break (§ 4 ArbZG). Breaks are not working time and are not paid.
(2)On construction sites, the site manager or the foreman fixes the time and length of the breaks in advance and announces them at the latest when work starts. If nothing else has been fixed, there is a breakfast break of 15 minutes from 9:00 and a lunch break of 30 minutes from 12:00. In the office and during mobile work, employees fix their own breaks within the limits of Abs. 1 and enter them in the time recording system.
(3)Breaks are not made longer, not moved and not put at the start or the end of working time without permission.
§ 4Smoking and smoking breaks
(1)In these rules, smoking means cigarettes, cigars, pipes, heated tobacco devices, electronic cigarettes, vaporizers and water pipes (shisha). For cannabis, § 6 applies.
(2)To protect non-smokers (§ 5 ArbStättV) and because of the risk of fire, smoking is forbidden: in offices, site containers, break rooms, toilets and washrooms; in buildings and rooms of customers, also in unfinished buildings and in stairwells; in all company vehicles and on or in construction machines, also during breaks and with the window open; when refuelling and near fuel, gas cylinders, solvents and other materials that can burn; when working on or next to gas pipes and when there is a smell of gas; everywhere the client or a sign forbids it.
(3)Smoking is allowed only outdoors, at the place the foreman decides, at least five metres away from entrances, windows and the break areas of non-smokers. Cigarette butts go into an ashtray or a container that cannot burn. Never throw them on the ground, into trenches or excavations or onto the property of the customer.
(4)Smoking takes place during the breaks under § 3. An extra smoking break outside these breaks is allowed only after first telling the foreman that you are leaving. In the office and during mobile work, it is allowed only after clocking out in the time recording system. The foreman can refuse it if the work process or safety does not allow it, for example because colleagues, a machine or traffic control would otherwise have to wait.
(5)Smoking breaks outside the breaks under § 3 are not working time and are not paid. Their length is entered every day in the timesheet as an interruption. The foreman checks this when signing the timesheet. There is no right to paid smoking breaks, even if they were tolerated for a long time.
(6)Anyone who smokes outside the breaks without first reporting that they are leaving breaks their duties under the employment contract. Anyone who records this time as working time gives false information about working time. Under § 2 Abs. 3 of the employment contract, this is a serious breach of duty that can be a reason for dismissal without notice.
(7)Abs. 4 to 6 apply in the same way to any other private interruption of work, for example private phone calls, shopping or errands. In this way, smokers and non-smokers are treated the same.
§ 5Mobile phone, headphones, photos
(1)Employees may carry private mobile phones, smartwatches and tablets. During working time, these devices are set to silent or vibration and kept on the body, in a pocket or bag or in the vehicle.
(2)Private use during working time is forbidden, especially phone calls, messages, social media, videos, games and music. It is allowed only during the breaks under § 3 and in emergencies (§ 5 Abs. 8 of the employment contract).
(3)An emergency is an urgent matter that cannot wait, for example an accident or a sudden illness in the family, or a call from a school, kindergarten, doctor or public authority. In this case, employees leave the danger area, briefly tell the foreman and keep the call as short as possible.
(4)Any use of the phone, also for work, is forbidden: when operating machines, construction equipment and power tools; when driving a vehicle if you hold the device in your hand for this (§ 23 Abs. 1a StVO); when guiding vehicles; in the swing area of excavators and cranes; in the work area next to moving traffic; in trenches and excavations; on ladders, scaffolding and roofs. Anyone who has to make a call first stops the work and leaves the danger area. An emergency call (112) is always allowed.
(5)Headphones, earphones and headsets for music, videos or phone calls are not worn while working on construction sites, because otherwise you may not hear warning signals, shouts and vehicles. This does not apply to required hearing protection. It must be worn.
(6)Photos, videos and sound recordings of construction sites, customers, residents, colleagues and documents are allowed only with the consent of the employer (§ 5 Abs. 8 of the employment contract). Recordings of people also need the consent of these people. Such photos, videos and recordings are not published or shared on social media, in status updates or in private groups. Photo documentation ordered by the employer goes only to the people or offices the employer names.
(7)For a company phone, § 6 Abs. 2 of the employment contract applies. Private use is forbidden without consent. During working time, the company phone is switched on. Customer data, plans and company documents are not saved on private devices or in private accounts, unless the employer has allowed it in text form.
§ 6Alcohol, drugs, medicines
(1)During working time, including breaks, on construction sites, in the office and in company vehicles, it is forbidden to consume or give to others alcohol, cannabis and other intoxicating substances (§ 5 Abs. 4 of the employment contract, § 15 Abs. 2 DGUV Vorschrift 1). Employees start work sober, also without any alcohol left in the body from the day before.
(2)Anyone who takes medicines that can affect reactions, attention or the ability to drive tells the foreman before work starts, so that the tasks can be adjusted. They do not have to name the illness (§ 15 Abs. 3 DGUV Vorschrift 1).
(3)If an employee seems impaired, for example because of a smell of alcohol, an unsteady walk or unclear speech, the supervisor excludes the employee from work. The employee then does not drive a vehicle and does not operate a machine. The supervisor writes down what they have observed, if possible with a witness. To show that they are not impaired, the employee can offer a voluntary test or go to a doctor. Nobody is forced. There is no right to pay for the time lost (§ 5 Abs. 4 of the employment contract).
§ 7Reporting sick, absences, holiday
(1)Every case in which an employee cannot work, including illness, is reported without delay by phone to the foreman or to the employer at +49 15562 615165, at the latest before work starts on the first day, together with the expected length (§ 4 Abs. 2 of the employment contract). If nobody answers, leave a message on the voicemail and also send a text message. A message through colleagues is not enough. The same applies to every extension.
(2)An inability to work must be confirmed by a doctor from the first day. If the employer cannot get the certificate electronically from the health insurance fund, it is handed in at the latest on the following working day.
(3)Holiday is requested in text form, if possible four weeks in advance. It may only be taken after it has been approved (§ 4 Abs. 4 of the employment contract).
(4)Absence without excuse, reporting sick late or not at all, starting holiday without approval and faking an inability to work are breaches of duty under § 4 Abs. 2 and 4 of the employment contract.
§ 8Safety at work and protective equipment
(1)Employees follow safety briefings, operating instructions and safety instructions. They take part in safety briefings and in occupational health check-ups and do not put themselves or others in danger (§§ 15, 16 ArbSchG, § 5 Abs. 1 of the employment contract).
(2)On construction sites, safety shoes must always be worn. High-visibility clothing must be worn in areas with traffic and construction machines. A safety helmet, gloves, eye protection and hearing protection must be worn wherever the work, the signs or the foreman require it (§ 6 Abs. 3 of the employment contract, § 30 DGUV Vorschrift 1).
(3)Machines, construction equipment and vehicles are operated only by employees who are qualified for this and have been given this task by the employer. Safety devices are not removed or bypassed. Barriers and traffic safety measures are not changed without permission.
(4)Earthworks start only after the foreman has approved them on the basis of the plans of underground lines. If an unknown line (pipe or cable) is uncovered or if there is a smell of gas, work is stopped immediately, the area is cleared and the foreman is informed.
(5)Defects, dangers, near misses and accidents are reported to the foreman immediately (§ 6 Abs. 5 of the employment contract). Every injury, even a small one, is entered in the first aid book (Verbandbuch).
§ 9Behaviour towards colleagues, customers and residents
(1)Everyone treats each other with respect. Insults, threats, violence, bullying and sexual harassment are forbidden. Also forbidden is any discrimination because of race or ethnic origin, gender, religion or belief, disability, age or sexual identity (§§ 1, 7 AGG).
(2)Anyone who feels discriminated against or harassed can make a complaint to the complaints office under § 13 AGG. This is the management (Dorde Krstic, Geschäftsführung). A complaint does not lead to any disadvantage (§ 16 AGG). The AGG and § 61b ArbGG are available in the office for everyone to read (§ 12 Abs. 5 AGG).
(3)Towards customers, clients and residents, employees behave politely and with restraint. They enter only the work area. They use the customer's toilets, electricity and water only with permission. They do not listen to loud music and do not leave any waste behind. They pass on complaints from customers or residents to the foreman.
(4)The workplace is kept clean and tidy. Waste is separated and put into the containers provided for it. Company clothing is worn according to § 6 Abs. 3 of the employment contract.
§ 10Work equipment, vehicles, ID, confidentiality
(1)For tools, equipment, keys, company phone, protective equipment and company vehicles, the duties of care, safe keeping and reporting under § 6 of the employment contract apply. Company vehicles are used only for business trips. Only employees of the employer and persons allowed by a supervisor may ride along.
(2)On construction sites, employees carry their identity card, passport or replacement ID document (§ 2a SchwarzArbG, § 5 Abs. 6 of the employment contract). Citizens of countries outside the EU also carry their residence permit.
(3)Information about customers, prices, cost calculations, construction projects and internal matters is kept confidential (§ 5 Abs. 2 of the employment contract). Login data, keys and codes are not passed on to others.
§ 11Consequences of breaking the rules
(1)The rules in these Work Rules are duties from the employment relationship (§ 106 GewO, § 241 Abs. 2 BGB, § 5 Abs. 8 of the employment contract). Every violation is a breach of duty.
(2)The employer can give a formal warning for violations. The warning describes the violation with date, time and place, names the rule that was broken and states that dismissal may follow if it happens again. It is put in the personnel file.
(3)If an employee repeats a violation of the same kind after a formal warning, the employment can be ended by dismissal, in serious cases without notice.
(4)Serious violations can lead to dismissal without notice even without a formal warning before (§ 626 BGB). This applies especially to false information about working time, theft or embezzlement, driving a vehicle or operating a machine under the influence of alcohol or drugs, physical attacks, threats, sexual harassment, ignoring safety rules on purpose with danger to life and body, and faking an inability to work.
(5)Time in which no work is done is not paid. For damage, § 6 Abs. 7 of the employment contract applies. There are no fines and no deductions from wages as a punishment.
(6)Employees can give a written statement in reply to a formal warning. It is also put in the personnel file.
§ 12Announcement, language, changes
(1)These Work Rules apply from the time they are announced. For new employees, they apply from the start of work. Every employee receives a copy and confirms receipt. A copy is put up in the office, and on every construction site the foreman has a copy.
(2)Anyone who does not understand German well enough gets the content explained in a language they understand before signing, or gets a translation. The German version is legally binding.
(3)The employer can change or add to these rules within its right to give instructions. Changes are announced in text form and apply from the time they are announced. If one rule is not valid, the other rules remain valid.