COMPLIANCE & RIGHT · TREATY
Compliance with labour law is reflected in the daily procedures: working hours are recorded, complaints are checked, external personnel are deployed and access rights are granted. It is crucial that the personnel department, managers and, where appropriate, the works council act on a reliable basis. We support companies in the testing and design of these processes.
Working time and organisation
Maximum working time, breaks and rest periods shall be considered separately from the remuneration treatment of overtime. Missions, calliness and mobile work can raise additional questions. An internal release of additional work does not replace the examination of legal limits.
The Federal Labour Court has derived the obligation to record working time from § 3 (2) (1) ArbSchG. The scope and the specific design must be checked on the basis of the registered employees and the current regulations. It does not follow from the decision that each company must use exactly the same electronic system. However, the system must fit in with the actual workflow; only theoretical possibilities of recording are not enough.
Complaints concerning discrimination
Employers must take appropriate measures to protect against disadvantages under the AGG. Employees need a recognizable complaint. A complaint shall be examined and the result communicated to the complaining person. The information shall respect confidentiality, an unbiased examination and the rights of the data subject.
An AGG complaint body and an internal notification body under the whistleblower protection law fulfil different tasks. The responsibilities can be coordinated organizationally; however, the legal requirements and procedures remain to be distinguished. A complaint about sexual harassment must not remain unanswered simply because it has been received through the "wrong" channel.
External personnel and external staff
In the case of freelancers, works contracts or employment contracts, and employee transfers, actual cooperation counts. Contract headings alone do not decide. Instructions, integration, work equipment and organisation on the ground are part of the audit. Misallocation can have labour, social insurance and tax consequences.
We examine contract design and live processes together. A separate procedure may be useful in the case of social insurance status issues. A one-off assessment should be re-examined if tasks, duration of deployment or instruction structures change significantly.
Directives and co-determination
Codes of conduct, technical control systems and regulations for mobile work can trigger participation rights. § 87 BetrVG concerns, among other things, organisation and behaviour in the company, working hours and certain technical monitoring facilities. Therefore, the works council should be involved at an early stage if the conditions are met.
A signature of employees under a directive does not replace any necessary co-determination or the control of pre-formulated contract terms. Rules must explain clearly what is allowed, where a release is needed and to whom employees can contact. Unclear requirements also make enforcement more difficult later.
Controls and reactions to infringements
Before accessing e-mails, log data or devices, the purpose is to check legal basis and proportionality. § 26 BDSG contains special requirements for the detection of criminal offences. An operational permission for private use may additionally influence the assessment. Not every suspicion justifies comprehensive surveillance.
In the event of a detected breach, the circumstances are important: duty, knowledge, severity, past behaviour and possible mitigating measures. Time limits and hearings need to be clarified early. An automatic catalogue of penalties cannot replace the required individual examination.
A suitable start to the consultation
A contract may be limited to working hours, complaints procedures, external staff or a specific directive. We review existing regulations, clarify responsibilities and develop a legally justified approach. Describe to us the operational occasion; personal documents are then requested in a targeted manner.
Legal basis and decisions: Working time law; BAG, decision of 13 September 2022 – 1 ABR 22/21; AGG, in particular §§ 12 and 13; § 87 BetrVG; § 26 BDSG.
Situation as at 2 November 2026.
Further reading: Whistleblower protection and internal reporting channels · Recording of working time: What the BAG decision means for the organisation · Internal investigations
Four practical examples
The following fictitious cases illustrate typical examination questions. The concrete solution depends on the circumstances of the individual case.
01 · Working time in the home office
A team only documents contractual scheduled hours. The company checks an actual recording and clear rules on breaks, overwork and corrections.
02 · Appeal for discrimination
An employee reports discriminatory statements. The competent body, consultation, safeguard measures and documentation shall be established and the result shall not be anticipated.
03 · Free cooperation in continuous use
An external specialist works permanently like a team member. Contracts and actual integration will be examined for status risks.
04 · New control software
The Human Resources Department wants to evaluate activity data. Before use, the purpose, legal basis, proportionality and participation rights of the works council are examined.
Your next step
Do you want to transfer the requirements to your company or have a specific process checked? A brief description and a reference to existing deadlines are sufficient for the first contact. We shall vote on the scope of examination and compensation prior to commissioning.