Legal obligation to post notices

Employers are required by a variety of laws to provide information to their employees. The purpose of display or posting is to support occupational health and safety and to inform employees of their rights and obligations. Those who fail to comply with this posting requirement risk fines and, in some cases, may also be liable, for example, if accidents are caused or encouraged by a lack of or inadequate information. If collective bargaining agreements or works agreements are affected, there is a risk of trouble with the works or staff council. Beyond the legal requirements, employers can also provide information voluntarily – not just about the cafeteria menu.

What is it about?

The set of laws and regulations that employers must inform their employees about is extensive. Some posting requirements apply generally to all companies and workplaces, others are industry-specific or result from the size and structure of the company:

• Occupational health and safety regulations (industry-specific, e.g. workplace ordinance, biosubstances ordinance, hazardous substances ordinance, escape and rescue plans, X-ray ordinance, radiation protection ordinance)
• Working Hours Act
• Labor Court Act
• Equality regulations (General Equal Treatment Act, AGG)
• Accident prevention regulations (UVV)

Depending on the character of the company and the employment of its employees, the following documents must also be made available to employees:

• Company agreements
• Youth Employment Protection Act (companies with at least one underage employee)
• Maternity Protection Act (companies that regularly employ more than three women, including those working from home).
• Home Work Act
• Asset accumulation regulations
• Part-Time and Fixed-term Employment Act (where employees are fixed-term)
• Collective bargaining agreements (if collective bargaining agreements are in place)
• Election regulations for the works council, for the representation of severely disabled persons or for the speakers’ committee

In addition to the aforementioned legal posting requirements directed at employees, there is also another that is directed at both employees and customers, or minors and their adult companions who might be in restaurants, discotheques, movie theaters, and other places potentially harmful to minors. The Protection of Minors Act stipulates in this regard: “(1) Organizers and traders shall make known the regulations applicable to their operating facilities and events pursuant to §§ 4 to 13 and, in the case of public film events, the age classification of films or the provider identification pursuant to § 14 (7) by means of clearly visible and legible notices.”

Sales outlets that are open on Sundays and public holidays must inform their clientele in accordance with §5 para. 5 Ladenöffnungsgesetz NRW (North Rhine-Westphalia Shop Opening Act) to the legal basis by means of a notice.

Further information and the opportunity to clarify questions of doubt are provided by the relevant chambers of industry and crafts.

Legal consequences

Employers must inform their employees about certain laws, regulations and accident prevention rules. If they do not do so, they commit an administrative offense that can be punished with a fine. In addition, there may be liability for damages if employees or other persons suffer damage due to the lack of suitable notices. Employees and their representatives may also sue for the publication of information by the employer, for example. if appropriate information is not provided about works council elections.

Inform correctly

The individual statutory provisions oblige the employer to bring certain texts, such as relevant occupational health and safety regulations, to the attention of its employees “in an appropriate manner”. How this is to be done in detail is not prescribed in most cases. The common wording here is “by posting or interpretation.” Even though the term “posting obligations” is often used in a shortened form, the term “posting or interpretation obligation” is more accurate.

Whether a notice or an interpretation makes more sense is decided on the basis of practical considerations: A comprehensive law or a complex regulation does not necessarily have to be posted – a copy offered to employees for inspection in the secretariat or in another freely accessible room is sufficient. The posting of the Protection of Minors Act is mandatory in “places potentially harmful to minors.”

Accident and fire safety regulations, first aid instructions, escape plans and the like should, by their very nature, always be posted. Depending on the size of the company and adapted to the spatial conditions, it is necessary to post notices several times, in multi-story administrative rooms also on different floors.

Employers can also comply with information obligations by “using information and communication technologies customary in the business.” This can also be an intranet. The prerequisite for this, however, is that all employees have access to it at all times; only in very few companies is this likely to be the case. Fire protection regulations and escape plans show that it is not possible without notices after all.

Whether it’s a notice board, a display or an intranet, employers should also make sure that the information is always up to date for their employees and customers.

What employers can do

Employers must comply with legal posting and display requirements and should do so in their own interest to prevent accidents or property damage or to support the corporate culture. House rules, building plans and organizational charts with contact persons also perform a good service by providing orientation for employees, customers and visitors.

Notices are in many cases very suitable for corporate communication and complement employee and customer magazines or the intranet. This way, joint events can be announced, anniversaries communicated, incentives advertised, and much more. The “bulletin board” has become a household name, even though bulletin boards have long been available in many other colors, or can be replaced by displays.

Optimally protected in the Notice boards

However, important information, and this is likely to be true for most documents requiring posting, should be placed in Notice boards. Here they are protected from dirt, tampering or theft. Modern showcase systems are available in practical document formats, for wall or stud mounting, and in many different depths. They are easy to open and secure to close.

Take a look at our modern Notice boards for the exit of important information.