Dear Madam or Sir,
our third Newsletter in 2017 begins by examining a series of recent decisions on the issue of covert observation of employees. We consider the requirements for permissible observation of employees by private detectives and the use of keylogger software to record keyboard entries on employee workstations. It should be noted that the use of impermissible observation methods may result in claims for damages.
In addition, there have been legal developments in respect of co-determination and fixed-term contracts. According to the latest case law of the Federal Labour Court, the works council has a right to co-determination not just pursuant to § 99 of the Works Constitution Act, but also pursuant to § 87 of the same Act. This "double right of co-determination" carries with it the risk that, where temporary workers are only hired to cover increases in orders, the deployment of such workers could be blocked entirely. In fixed-term employment law, the Federal Labour Court recently confirmed that limited-term contracts with actors was justified on the basis of the artistic freedom to which employers are entitled.
If you have any questions please do not hesitate to contact us!
Best regards
Your GÖRG Labour and Employment Team
