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The German labour market has had a shortage of skilled workers in recent years and this has led to a lot of employers to utilize professional \'headhunters\' that appoint or recruit future top executives. Let us understand the headhunting of Germany in this article and analyze some legal boundaries and risks for recruiting or headhunting professionals in the German workplace.\n\nGerman Employment Law Overview\n\nAs a general guideline, according to German law, headhunters and in-house recruiters can poach employees. This is considered a very crucial part of free competition. It is generally not accepted for headhunters to make personal visits to the existing employer\'s business place or premises.\n\nDetailed View Of The Law\n\nWith respect to telephone calls at the workplace, the Federal Court of Justice (BGH) has actually established and also confirmed the below guidelines in the recent few years:\n\nA headhunter or recruiter from any small or big Top Executive Search Agency Germany is allowed under German law to make initial contact through telephone if he or she:\n\n1. Concisely introduces herself or himself at the start of the call\n\n2. Elaborates on the purpose of the call\n\n3. Cross checks with the employee if he or she is in fact interested in the contact\n\n4. If the above needs are fulfilled, the headhunter might continue with the call and also describe the details of the position briefly\n\n5. Any further contact needs to be outside of the workplace\n

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headhunting in germany talk some lawful edge

Headhunting In Germany Talk Some Lawful

Edge And Risks

Stresemannstr. 28, 40210 Düsseldorf, Germany

+49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 1

Headhunting In Germany Talk Some Lawful Edge

And Risks

The German labour market has had a shortage of skilled workers

in recent years and this has led to a lot of employers to utilize

professional

'headhunters' that appoint or recruit future top

executives.

Let us understand the headhunting of Germany in this article and

analyze some legal boundaries and risks for recruiting or

headhunting professionals in the German workplace.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 2

Headhunting In Germany Talk Some Lawful Edge

And Risks

German Employment Law Overview

As a general guideline, according to German law, headhunters

and in-house recruiters can poach employees.

This is considered a very crucial part of free competition.

It is generally not accepted for headhunters to make personal

visits to the existing employer's business place or premises.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 3

Headhunting In Germany Talk Some Lawful Edge

And Risks

Detailed View Of The Law

With respect to telephone calls at the workplace, the Federal

Court of Justice (BGH) has actually established and also

confirmed the below guidelines in the recent few years:

A headhunter or recruiter from any small or big Top Executive

Search Agency Germany is allowed under German law to make

initial contact through telephone if he or she:

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 4

Headhunting In Germany Talk Some Lawful Edge

And Risks

1. Concisely introduces herself or himself at the start of the call

2. Elaborates on the purpose of the call

3. Cross checks with the employee if he or she is in fact interested

in the contact

4. If the above needs are fulfilled, the headhunter might continue

with the call and also describe the details of the position briefly

5. Any further contact needs to be outside of the workplace

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 5

Headhunting In Germany Talk Some Lawful Edge

And Risks

What Is Considered Illegal In Headhunting In Germany?

Any recruitment call which goes beyond the above is illegal per

German law. This means it would be illegal to ask about details of

the CV during this initial call or other information regarding the

candidate’s potential career ambitions.

Moreover, it should also be noted that any particular call that is

made either to the employee's landline at work or to the

employee's mobile phone that exceeds a 'few minutes' will bear

evidence that the call is effectively illegal.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 6

Headhunting In Germany Talk Some Lawful Edge

And Risks

Apart from all these elaborate details, calls that are made by the

headhunter to the employee's personal mobile phone (even if

during working hours) are far less critical because they do not use

the facilities that the employer has put in place.

On the other hand, the legality of recruiting or headhunting in

Germany through business e-mail has not actually been

considered by the German courts. Also, legal assumptions or

individual perceptions regarding this area are practically non-

existent.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 7

Headhunting In Germany Talk Some Lawful Edge

And Risks

Important Points For Headhunters

The headhunter should refrain from sending an email along with

a link to the detailed information regarding the relevant position

to the business email of a candidate.

Though it is a common perception that an email is far less

intrusive than a telephone call, it has not been clarified by

German courts whether this is acceptable or not.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 8

Headhunting In Germany Talk Some Lawful Edge

And Risks

Besides, it is simply not good form to do this since it is unknown

to the headhunter in Germany whether the email account of the

candidate is perhaps being read by someone else within the

organization or not.

Personal Email or messages through social media will not give

rise to any legal risks for recruiting or headhunting.

This is because it will not have any effect on the employer's IT

system.

Tel : +49 (0)211-8767140, info@contacts-management.de

headhunting in germany talk some lawful edge 9

Headhunting In Germany Talk Some Lawful Edge

And Risks

If you are not using a local German headhunter (who is familiar

with these rules of course), it is advisable for employers to

educate their headhunters and make sure they abide by the law

guidelines if they are recruiting in Germany.

Tel : +49 (0)211-8767140, info@contacts-management.de