After the sensational Facebook ruling rendered by the Federal Labour Court in 2016, the discrepancy between rapid digitalisation and restrictive case law with regard to Section 87(I)(6) of the Works Constitution Act has once again become the focus of attention in a labour law dispute. The Hamburg Regional Labour Court recently addressed the question of whether a Twitter account maintained by an employer constitutes a technical device that is intended to monitor employees' performance and conduct.
To ensure that serving a dismissal notice will withstand a court's scrutiny, it should be handed to the employee in person and the employee should countersign a duplicate. However, if the dismissal notice is served by an external courier, the employer may have to comply with different data protection requirements to avoid breaching data protection law.
In view of a statutory transition clause in the Temporary Employment Act, for some deployment agencies the 18-month maximum hiring out period will end shortly – for external employees deployed as of 1 April 2017, the expiry date could have been the end of September 2018. To avoid all possible risk of overstepping the maximum hiring out period, personnel services providers and companies using such providers are advised to determine precisely what they consider the expiration date to be.