Question 1

Am I allowed to ask a competitor if they have open positions?

Accepted Answer

Yes — this is not a breach of contract as long as no valid non-compete clause (Section 74 HGB) is in place. Looking for a job while still employed is completely legal and normal in Germany — notice periods do not prevent this. Caveat: a post-contractual non-compete could apply after leaving, not before. BDSG Section 26: the application data you submit to the competitor is treated confidentially — your current employer is not informed. LinkedIn: most job seekers search discreetly — the 'visible to recruiters only' status on LinkedIn protects you in this process. AGG: discrimination at the competitor is just as prohibited as anywhere else.

Question 2

Can my employer issue a poor work reference upon my departure?

Accepted Answer

No — German law (Section 109 GewO) stipulates that a work reference (Arbeitszeugnis) must be benevolent and truthful. This sounds contradictory, but it is not: the reference may not contain wording that harms the employee, even if it would correspond to the truth. There is a coded language that HR professionals know — phrases like 'always tried' signal weakness, 'to our full satisfaction' is standard, 'to our fullest satisfaction' is the top grade. You have the right to challenge the reference if it contains negative coded phrases — at the Anti-Discrimination Office or before the labour court. GDPR: references are personal data — you have the right of access.

Question 3

Can my prospective employer check my social media?

Accepted Answer

To a limited extent, yes. BDSG Section 26 regulates data processing in the employment context: employers may view publicly accessible professional profiles (LinkedIn, Xing, public GitHub repos). Private profiles (Facebook, Instagram) may not be infiltrated through friend requests. GDPR: any data collection about applicants must be proportionate and serve a legitimate purpose. Anti-Discrimination Office: if social media research reveals discriminatory characteristics (AGG Section 1) and leads to a rejection — that is problematic. Practical recommendation: Google yourself and make sure nothing compromising is publicly visible. Actively maintain and optimise professional profiles.

Question 4

Can my prospective employer check my social media account?

Accepted Answer

In Germany: to a limited extent, yes. Publicly accessible professional profiles (LinkedIn, Xing, public GitHub repos, public websites) may be viewed. Private profiles may not be infiltrated through friend requests or similar means. Facebook and Instagram are off-limits under GDPR interpretation when they are clearly private. Practical advice: Google yourself and make sure nothing compromising is publicly visible.

Question 5

Do I need to provide a police clearance certificate for my application?

Accepted Answer

Only if the position explicitly requires it. A police clearance certificate (Fuehrungszeugnis) is not a standard application document — you are not obliged to submit one unsolicited. BDSG Section 26: employers may only collect data that is necessary for the specific position. Mandatory extended clearance certificate: professions involving care of minors (Section 72a SGB VIII), public sector in sensitive areas, security positions. The standard certificate can be requested by anyone at the local registration office (Bundeszentralregistergesetz). Cost: 13 euros. The job description is sufficient for the application — you do not need a letter from the employer. Note: the clearance certificate is sent directly to you, not to the company.

Question 6

Do I have to disclose my criminal record in a job interview?

Accepted Answer

Only for relevant convictions related to the position. BDSG Section 26 and AGG Section 3 protect against excessive data intrusions. The rule of thumb under German law: you only need to disclose convictions if they are relevant to the specific position (e.g. fraud conviction for an accounting role, assault conviction for a security role). For non-relevant convictions, you may remain silent or answer untruthfully without consequences. Expunged convictions (deleted from the Federal Central Register) never need to be disclosed. Exceptions: public sector and security-sensitive positions often require an extended clearance certificate and broader disclosure obligations. Recommendation: when in doubt, seek legal advice before disclosing anything.

Question 7

What applicant data may a company store?

Accepted Answer

Only data required for the hiring process — and only for as long as necessary. BDSG Section 26 and GDPR Article 88 are the legal basis: employers may store applicant data for the duration of the process plus a reasonable retention period (typically 3–6 months after rejection). GDPR Article 15 grants you the right of access: you can enquire which data is stored. GDPR Article 17 grants you the right to erasure after the process ends. The Anti-Discrimination Office recommends: companies should not reuse application documents for other positions without explicit consent. Practically: if you are asked to join a talent pool — read the privacy policy and give informed consent.

Question 8

What does the Working Hours Act (ArbZG) regulate and what does it mean for my application?

Accepted Answer

The Working Hours Act (ArbZG Q036) regulates maximum working hours and is relevant for job advertisements and contract negotiations. Core rules: Max. 8 hours per working day (extendable to 10 hours if the average over 6 months remains at 8 hours or below). Min. 11 hours rest between working days. Sundays and public holidays are generally work-free (exceptions: healthcare, hospitality, IT on-call). Relevant for applicants: If job advertisements imply 'flexibility' or '60+ hours', this may violate the ArbZG. In contract negotiations: 'Trust-based working hours' is not a licence for unlimited working time -- the ArbZG always applies. Haufe Arbeitsrecht: Since 2022 (ECJ ruling implemented), employers must systematically record working hours. For violations: The Federal Institute for Occupational Safety and Health (BAuA) is responsible. Caveat: Senior executives and managing employees have restricted ArbZG rights.

Question 9

What is the difference between MiLoG and sector-specific minimum wage, and which applies to me?

Accepted Answer

Germany has two minimum wage levels. (1) Statutory minimum wage (MiLoG): Applies to all employees in Germany, regardless of sector or collective agreement. Current rate: Available from the BA -- adjusted annually by the Minimum Wage Commission. Exceptions: Trainees (BBiG), long-term unemployed for the first 6 months, mandatory internships up to 3 months. (2) Sector-specific minimum wage: In certain sectors (construction, healthcare, building cleaning, temporary work), higher minimum wages apply through generally binding declarations under the TVG. For applicants: If an offer falls below MiLoG, it is illegal, and you have the right to take legal action at the labour court. Haufe: MiLoG violations can be penalised with fines of up to 500,000 euros. DGB shows: Violations still occur, particularly with mini-jobs, marginal employment (Minijob-Zentrale Q046), and foreign workers.

Question 10

Can my employer ban working from home?

Accepted Answer

In Germany, there is no legal right to work from home -- with one important exception. Legal situation per ArbSchG and Haufe: Employers can generally mandate or prohibit working from home if the employment contract stipulates office presence. Exception: Companies with a works council (BetrVG Section 87 Q043) -- the works council has co-determination rights regarding home office arrangements. The COVID home office obligation has expired (2022). Destatis home office data 2024: 25% of German employees work remotely regularly -- in IT up to 60%. What you can do: (1) If home office is in the contract: The employer cannot unilaterally remove it without a change-of-terms dismissal. (2) If there is no contractual right: Negotiate -- propose a works agreement, reach a direct agreement with your supervisor. (3) If dismissed for refusing to give up home office: Have the labour court review it. Kununu: Home office options are the most rated criterion in 2025 employer reviews.

Data Privacy & Compliance

Related tools

More categories

Data Privacy & Compliance

Related tools

More categories