Vorsicht vor Stolpersteinen: Arbeitsrecht für Führungskräfte
Labor law is a broad field – in Germany, it encompasses various laws and ordinances that regulate the relationship and interaction between employees and employers. The multifaceted nature of this profession makes it almost impossible for managers to keep track of the applicable law and regulations. Anyway: Pitfalls should be avoided as far as possible. It is important to dispel some of the myths that are rife. We present the most common labor law myths that managers should beware of:
Stumbling block 1: Discrimination plays a secondary role in job postings
It's common knowledge: Discrimination of any kind does not belong in working life. But what sounds obvious at first glance quickly creeps in as an unexpected problem. In job advertisements, this refers not only to the now well-established gender neutrality, but also to the avoidance of indirect discrimination. These are often overlooked, but can disadvantage or completely exclude certain applicant groups.
Stumbling block 2: Labor law problems are best solved with best practice
Best practice is good because it has proven itself – this is true in many areas of working life. However, when it comes to labor law issues and problems, this rule of thumb can only be applied to a limited extent. This is because employment law is dynamic and constantly changing. Anyone who relies on "tried and true" therefore quickly runs the risk of overlooking a legal pitfall. Competent legal advice and constantly updated guidelines for employees and managers are therefore indispensable.
Stumbling block 3: Fixed-term clauses in employment contracts create planning security
This is true – provided there is no formal error. It is not uncommon for such formulations to contain errors and thus become invalid. This means that supposedly fixed-term employees can claim a right to permanent employment. Such errors can arise, among other things, if there is no plausible factual reason for a fixed-term contract or if the employment contract does not specify a specific time limit for a fixed-term contract.
Stumbling block 4: Data protection only plays a role after the contract has been concluded
This is not correct. After all, personal data is also collected and processed during the recruiting process. Whether or not an employment contract already exists is irrelevant in this regard. That is why the applicable data protection regulations must also be observed during the application and selection process. Accordingly, for example, only that information may be collected which is required for the process. If it is no longer required, it must be deleted accordingly.
Stumbling block 5: By poaching employees, you buy the know-how at the same time
Anyone who poaches employees from direct competitors should be careful. This is because there may be a so-called non-competition clause – which can also extend beyond the employment relationship. Although possible recourse is primarily against the employee, in the event of legal disputes, accusations of unfair competition can quickly arise. And: As a new employer, you can benefit from the know-how of the new hire – but business documents, insider knowledge or customer networks are not part of this.
In addition to those mentioned, there are numerous other pitfalls in terms of labor law. But how can managers be made aware to recognize these at an early stage and specifically avoid them? – With a professional training on the topic of labor law, you create clarity and legal certainty. We at Security-Island offer the optimal solution for companies of any size and industry.