GRP Rainer LLP

Termination Due to Audio Recording in Personnel Meeting Possible

The mutual trust between employer and employee can be strongly disturbed by a secret audio recording of the employee during a personnel talk.


North Rhine-Westphalia, Germany -- (SBWIRE) -- 01/29/2013 -- GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen Nuremberg and London conclude: The Higher Labour Court of Rheinland-Pfalz determined in its decision from April 30th 2012 (AZ: 5 Sa 687/11) that personnel talks between employer and employee are subject to a special mutual trust. However, this trust is strongly disturbed if the employee makes audio recordings with a mobile phone during the personnel talk.

The Higher Labour Court is of the opinion that this action shows the employee’s mistrust towards the employer. This mistrust does no longer permit further collaboration between employer and employee. The employer is therefore entitled to declare an exceptional termination without notice. A personnel talk, is a confidential conversation therefore a sound recording is only possible with the employer’s prior consent.

Moreover, a sound recording without the employer’s prior consent constitutes a criminal offence, violation of the confidentiality of the spoken word. A violation of this law may thus not only entail termination, but also penal consequences for the employee.

When termination notices are concerned in employment law, it is important to choose the right lawyer with the right litigation strategy. In employment law, a detailed knowledge of the respective law, negotiating skills and assertiveness are required in order to represent the employer’s interests in a competent and forceful manner at the Labour Court.

The dispute concerning matters of labour law and termination can often be handled by mutual agreement. A lawyer specialized in labour law also represents your interests in connection with severance payments, a termination contract or a servicing contract.

After receipt of the termination notice, you have got only three weeks to present a dismissal protection suit. In case of dismissal, you should seek legal advice without delay especially with regard to the short limitation periods in labour law.

An adept lawyer does not only assist you in case of termination, he also represents your interests concerning the draft of employment contracts, as well as the topics vacation, salary, bonus, employee certification (assessment), business transfer, temporary workers, flexible working hours, industrial constitution law and collective agreement law.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Phone: +49 221-27 22 75-0
click my link