In everyday life, we assume that whoever causes damage is also liable for it. This is also the case if the cleaner works on a self-employed basis. However, if they are privately employed, they are only liable in cases of moderate and gross negligence – and even then only to a limited extent. In most cases, private liability insurance and household insurance are not sufficient to cover damage and consequential damage arising in the course of employment.
Liability of employed domestic helpers
If you have registered your cleaner with the mini-job centre or if they are otherwise employed by you, in many cases they cannot be held liable for damage. This is because employee liability is privileged, i.e. decisions are usually made in favour of the employee. The damage occurred while the employee was performing a task for the employer, and it is assumed that the employer must bear the occupational risk and that employees should be protected from financial ruin.A cleaner would only be liable in certain cases of negligence, which we will discuss below – and even then only to a very limited extent. Like all paid work, employment on a mini-job basis is excluded from private liability insurance. The domestic help's private liability insurance will not cover the damage. So if you want to protect yourself against damage to surfaces and furniture (as well as costs incurred by lost keys), you should do so by giving clear instructions before the first assignment (e.g. which cleaning products should and should not be used).
The burden of proof
You can only claim compensation for damage caused by your cleaner if you can prove the damage and if the damage was caused by a breach of the duty of care while performing the work. According to labour law, the burden of proof lies with the employer, who must prove that the duty of care has not been fulfilled.
To this end, it is advantageous to set out the scope of duties and training on the use of cleaning utensils and the handling of fragile objects or technical equipment in writing and to have the instructions signed. If a cleaner is not allowed to dust or touch complex technical equipment, operate the blinds or tilt the windows, you should clarify this explicitly in advance and record it in writing. Such records can influence the degree of negligence that a court considers to have occurred in the event of damage.
Liability for slight negligence
In the case of slight negligence, i.e. brief moments of inattention in which something is broken unintentionally or a mistake is made, you as the employer are liable for the damage. This means that, particularly in the case of the most common types of damage caused by slipping, carelessness, etc., i.e. all cases in which an accident can occur due to human error, you as the employer bear the occupational risk, which is quite high in cleaning work.
Liability in cases of moderate negligence
However, the situation is different if your cleaner fails to fulfil their duty of care. In cases of moderate negligence, where they should have known better, the cleaner is also liable. If they do not follow instructions, for example, if they do not clean a window with the appropriate equipment and scratch it, the cleaner is jointly liable for the damage. In such cases, a court must determine the severity of the negligence.
Furthermore, the amount of liability in cases of moderate negligence is decided on a case-by-case basis. This depends on several factors, including the cleaner's earnings, the amount of damage, the previous conduct of the employee and the general risk of damage occurring in the course of their work. A labour court will examine the amount for which the cleaner can actually be held liable for the damage caused.
There is no fixed liability limit, but a maximum of three gross monthly salaries can serve as a guideline for the upper limit. If a blind is broken and damage amounting to several thousand euros is caused, the cleaner would be liable for a maximum of three gross monthly wages. In the case of mini-job employment, this would not even cover half of the costs.
However, liability only applies if the employer can prove that they are not partly to blame – e.g. through a lack of instruction and supervision or insufficient protection of the endangered object.
Liability for gross negligence
As a rule, the employee is fully liable for gross negligence. This is the case, for example, if you deliberately violate instructions, such as operating technical equipment even though this has been expressly prohibited by your employer; but even mistaking a work of art or a pair of torn designer jeans for rubbish and disposing of them without asking can be interpreted by the court as gross negligence.
Are you liable for activities that are outside your area of responsibility?
However, if your employer has assigned you a task that is not part of your area of responsibility as a cleaner and for which you have not been trained, you are generally not liable for any damage caused while performing the task.
How can you protect yourself against damage?
You can assume that in most cases, both parties' personal liability and household insurance will cover property damage incurred in the course of employment. Property damage can be insured under glass insurance or ‘all-risk coverage’ if necessary. The latter usually requires a large sum insured and is suitable for households with valuable furnishings. The situation is different for self-employed domestic helpers: they often have business or professional liability insurance (see last paragraph).
How can you protect yourself against theft?
In the case of simple theft, i.e. when no obstacle has to be overcome to steal the goods, household insurance does not usually pay out. This is only the case with aggravated theft, for example when a safe is broken into to steal goods. It is therefore not possible to insure yourself against theft by a person who has been allowed into the household.
Report the theft to the police. The public prosecutor's office will investigate and must prove that the accused is actually responsible for the disappearance of the valuables. You do not necessarily have to catch the person in the act, as the public prosecutor's office will also accept circumstantial evidence.
Who is liable for damage to third parties?
Your private liability insurance may cover damage to third parties in some cases, but you would need to mention the cleaner in the insurance contract. Ask your liability insurance company for advice on this.
Conclusion: Who pays if the domestic help causes damage?
A domestic help employed by you can only be held liable if they have caused the damage through their own fault. As an employer, it is difficult for you to obtain even partial compensation from the domestic help because you bear the burden of proof for the fault of your domestic help. In principle, you bear the risk of damage yourself. This is precisely why it is important to instruct the cleaner precisely before their first assignment and to point out possible sources of damage.
Exception: Self-employed domestic helpers and cleaning companies
As self-employed persons, domestic helpers are liable for damage themselves. As a rule, their business or professional liability insurance should cover this. Cleaners with small businesses therefore often have such insurance. However, before placing an order, ask for proof that such insurance has actually been taken out and that it is not just private liability insurance. Also make sure that the respective professional liability insurance would cover any loss of keys. Private liability insurance does not provide any insurance cover in this particular situation, where a third-party key used for professional purposes is lost. The same applies if you lose your own key.