Focus on duty of care - check the risks of foreign assignments now
Ms Schaefer, a sensational case is being heard at the Berlin Regional Court: A former employee of an NGO has sued the organisation for damages after he was abducted during an assignment abroad and held in a torture prison. What significance does this case have for other organisations that send employees abroad?
Nina Schaefer: First of all, this case shows how high the risk can actually be on certain assignments - and how existential the question of protection becomes. What worries us is the possibility that a positive ruling for the NGO - for example because the case is dismissed - could be interpreted by other organisations as a carte blanche to relativise their responsibility. That would be a fallacy.
Why do you think that would be so problematic?
Nina Schaefer: Because every court judgement is based on the specific individual case - on the content of the contract, the information situation, risk assessments and decision-making processes at the time of use. Even if a court rules in favour of the organisation, this does not automatically mean that the general legal situation is weakened. The employer's duty of care remains in place - especially for assignments in crisis or conflict regions.
What does this mean in concrete terms for NGOs?
Nina Schaefer: It means that they are still obliged to take appropriate measures to minimise risk: from security-related preparation and crisis management to suitable insurance cover. Even if a court does not see a breach of duty in a specific case, it would be wrong to conclude that there is no responsibility at all. On the contrary: organisations that systematically analyse risks and take precautions are not only on the safer side legally - they also act ethically and responsibly towards their employees.
What is "appropriate" - and how can this be determined in practice?
Nina Schaefer: "Appropriate" always depends on the specific risk and what is reasonable. Different standards apply in a stable neighbouring country than in a civil war zone. This is why an individual risk assessment is so important - ideally before every assignment. We support organisations with risk analyses, travel guidelines, emergency plans and suitable insurance cover.
What exactly is the duty of care - and how far does it extend to foreign assignments?
Nina Schaefer : The duty of care is regulated in Section 618 of the German Civil Code (BGB) and is substantiated by labour law regulations and judgements. Employers must ensure that employees are not exposed to unnecessary risks - even when working abroad. This includes information, training, safety briefings, crisis prevention and security. The higher the risk in the country of assignment, the higher the demands on the organisation.
You advise NGOs on precisely these issues. What is your current advice?
Nina Schaefer: It is important not to fall into a false sense of security. Anyone sending employees abroad - whether on a short-term or long-term basis - should regularly review their safety and security processes: Are the travel guidelines up to date? Are there clear procedures for emergencies? Which insurance policies apply and when? And most importantly: What is the internal communication culture like - can employees address risks openly, without pressure?
What exactly does Travel Risk do in this context?
Nina Schaefer: We see ourselves as a partner for holistic travel security. In addition to providing advice on traditional insurance policies - such as international travel health insurance, crisis protection or kidnap & ransom - we also support our customers in structuring their internal processes: from travel guidelines and emergency plans to employee training. It is important that everyone involved knows what to do in an emergency.
Is there an easy way for NGOs to check their own status quo?
Nina Schaefer: Yes - and we strongly recommend doing this regularly. A few specific questions are enough to quickly gain an initial impression:
Are there current travel guidelines?
Is there an emergency or evacuation plan in place?
What insurance policies are in place in the event of a crisis?
Is there an open communication culture when dealing with security risks?
If there is no clear answer to one or more of these questions, there is a need for action.
In your view, does the case mentioned above also have a signalling effect?
Nina Schaefer: Yes - the case makes public what we often observe internally: that safety issues are often dealt with too late, too unclear or too generalised. I hope that it will be seen as a wake-up call, not as an all-clear. Organisations must not rely on a legal grey area, but should actively ensure protection and precaution. This is not only a legal requirement, but above all a human one.
And what happens in this specific case?
Nina Schaefer: The judgement before the Berlin Regional Court is expected in October 2025. We are monitoring developments very closely - and advise our customers to use the time until then to critically review their own processes and protective measures. Because regardless of the outcome of the proceedings, the responsibility for security remains - always.
Checklist for safe assignments abroad:
How well prepared is your organisation?
- Are there current travel guidelines?
- Is there an emergency plan?
- Which insurance policies apply in an emergency?
- Can employees talk openly about risks?
Civil law cornerstone of occupational health and safety:
Section 618 BGB also applies abroad
Section 618 of the German Civil Code (BGB) obliges employers, companies and institutions to implement appropriate protective measures in the workplace and represents a central component of occupational health and safety under civil law. In practical implementation, this obligation is concretised by public occupational health and safety law. Among other things, the Occupational Health and Safety Act requires risk assessments to be carried out, protective measures to be adapted and their effectiveness to be reviewed. The duty of care also applies to business trips and postings abroad. Employers are obliged to systematically identify and assess the risks at the place of work and organise suitable protective measures - from medical precautions and instructions to emergency and evacuation plans. The scope of the protective measures depends on factors such as country of assignment, length of stay, risk situation and existing organisational experience.