The operating risk is a term from the jurisprudence and the management economics. It designates the risk that an enterprise cannot fulfill its achievement for operational-technical or compelling legal reasons.

With enterprises, which go around their nature after with risks (thus above all credit institutes and cover insurance), the operating risk the risk of the own business concern. In contrast to it stand the market risk (the market tendency does not correspond to expectations), the interest rate risk (the interest development does not correspond to expectations) or the address risk (individual applicants for the credit become insolvent).

The science of the operating risk is to be used, if out on both sides undeserved operational-technical or compelling legal reasons the contribution of the work is for this impossible and no single or collective-contractual regulation is present.

Examples of operating risks are: Loss of working hours because of scarcity of raw materials or energy, the failure of the IT or also a production prohibition with smog alarm.

legal situation

For such losses of working hours is pertaining to labour law according to the so-called sphere theory to it to be turned off to add anyhow whose to controllable or to answering for sphere of influence (risk sphere) the cause of malfunction is. From this regularly the employer carries the operating risk, so that the employee keeps the requirement on remuneration continued payment.

In two cases the employer does not have to carry the operating risk, with the consequence that the requirement for wage is omitted totally or partly:

1. If the remuneration payment to the employees in the concrete case the existence of the enterprise would endanger.
2. If with labor disputes for parity reasons a shift of the risk is required to the employee side, so-called labor dispute risk.

Counter measures

While an enterprise can secure itself with financial instruments such as options against currency, market and interest rate risks, the operating risk can be cushioned only by the conclusion of an insurance (approximately against operating interrupts) or individual measures of the operational risk management. In addition ranks emergency planning, double data safety devices, measures among the accident and fire prevention etc.

For credit institutes a such measures is necessary after the defaults of the state supervision of the banks (e.g. the demands of Basel II).

Articles in category "Operating risk"

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