Is it allowed to take work materials home?

Posted on by Kolten Daniel


Is it allowed to take work materials home? "Taking work materials home of one's own accord is not permitted," says employment law attorney Dr. Nathalie Oberthür, a member of the Executive Committee of the Arbeitsgemeinschaft Arbeitsrecht im Deutschen Anwaltverein (DAV). Employees often violate data protection guidelines by doing so.

What aspects must the employer consider? For example, the following aspects fall under the employer's duty: The employer must ensure that employees observe the statutory working hours and breaks.

What protective measures must the employer align? According to Section 4 of the ArbSchG, the employer must direct the protective measures towards minimizing the risk to the physical and mental health of employees. This includes that the employer combats the source of the danger and gives the employees suitable instructions to avoid risks.

What should you coordinate with your employer?

Employees should therefore agree in advance with their employer whether and which company documents they are allowed to take home. Employers, on the other hand, should note that tacit tolerance of mobile work can also give rise to a claim on the part of the employee.

What measures must the employer aim for? According to § 3 ArbSchG, the employer must strive to improve the health and safety protection of employees. To this end, he must take the necessary measures and check their effectiveness. If working conditions change, the employer must adapt the measures accordingly.

When may the employer maintain the personnel measure?

2 sentence 3 BetrVG, the employer may only maintain the personnel measure in this case if he applies to the labor court to replace the consent of the works council (Sec. 99 (4) BetrVG) and to establish that the implementation of the measure was urgently required for factual reasons (Sec. 100 (4) BetrVG).

Can the employer maintain the provisional personnel measure?

In this case, the employer may only maintain the provisional personnel measure if it applies to the labor court within three days for the replacement of the works council's consent and for a finding that the measure was urgently required for factual reasons.

Is an interim personnel action required?

In practice, provisional personnel measures are limited to recruitment and transfers. In the case of recruitment or regrouping, a provisional measure will generally not be required urgently and without delay for factual reasons. If the employer wishes to implement a provisional individual personnel measure, it must

How does the labor court reject the works council's consent?

If the labor court rejects the substitution of the works council's consent by a legally binding decision or if it establishes by a legally binding decision that the measure was obviously not urgently required for factual reasons, the temporary personnel measure shall end upon expiration of two weeks after the decision has become legally binding.

Can the employer request the temporary personnel measure?

If the employer nevertheless maintains the provisional personnel measure, the works council may apply to the labor court for the revocation of the provisional personnel measure following a proper resolution.

Can the employee provide a medical certificate?

If the employee can present a certificate stating that he/she was unable to work, the leave shall be deemed not to have commenced during the days of illness. The employer must grant it at another time. This is stated in Section 9 of the Federal Leave Act.

When do I need to provide a medical certificate?

Being sick doesn't come cheaply - and it can be quite disruptive to your business. In such cases, you should insist on a medical certificate - even on the first day. When does your employee have to provide a medical certificate in case of illness?

What are the options for finding suitable employees?

There are many ways to search for suitable employees: Perhaps a suitable person can already be found in your family, your circle of acquaintances or among your previous employees. In the case of internal staffing, you then need to find someone to fill the employee's former position.

How do they expect to place their employees? As a rule, you can expect a placement fee of about 1/3 of your employee's annual salary. However, you can use other ideas, media and channels when recruiting: 6. Internal applicants

How will the staffing agency employee be deployed? Although the employee is deployed in their company, he or she remains an employee of the staffing company. This allows them to get a non-binding impression of how he or she works and whether he or she could fit into the company and the rest of the workforce.

How do they describe the new employees? At the beginning, be clear about the tasks you want the new employee to perform. Write a requirements profile that is as precise as possible. Many people focus on what qualities the new employee should have. However, it is at least as important to describe which characteristics the new employee must not have under any circumstances.

Which service providers help employers find employees?

Whether personnel consulting or headhunters - the professional service providers and recruiters traditionally support employers in their search for employees. Their advantage lies primarily in their industry specialization and targeted search. With classic job advertisements, employers often get many unsuitable applicants.

What are the main obligations of the employer?

The main duties of the employer include the provision of work and the payment of remuneration. One of the most important secondary duties of the employer is the duty of care. It is stipulated in Section 241 of the German Civil Code (BGB) and serves the purpose of ensuring the protection of employee interests.

What necessities may the employer call?

This has also been confirmed by the Federal Labor Court: Accordingly, the employer may only call in "compelling necessities which do not allow any other way out" (Case No. 9 AZR - 405/99). Incidentally, it does not matter whether the employee is lying in the sun at home on the balcony or under palm trees in the Caribbean.

How can the employer call? "In principle, of course, the employer can call," says Johannes Schipp, a specialist attorney for labor law in Gütersloh. But whether the employee then answers the phone is ultimately up to him. What may the employer ask in the case of sick leave?

What are typical reasons for calling the old employer?

Application: Calling the old employer. Typical reasons for a call from the new employer to the old employer are questions about misunderstandable or below-average wording in the applicant's references, about strange information in the resume, about contradictory statements in the interview, about performance,

What is the argument against the admissibility of the call?

Another reason speaks against the admissibility of the call: The potential employer who contacts the applicant's former employer thereby transmits data. Strictly speaking, through his call he informs the former employer that his former employee has applied for a job with him.

Why are calls to the former employer inadmissible?

The bottom line is that calls to the former employer are generally inadmissible. Both the new employer and the former employer will generally violate applicable data protection law when making such calls. This is likely to be an extremely poor basis for a future employment relationship,

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