DETEKTEI JACOBS & ECKOLD > Legal basic conditions page

Legal basic conditions :

Can a company assign a investigator/detective in order to let overseen a co-worker?
If a concrete suspicion is available, a private-investigator can spy on 1 ABR 26/90 the industrial conscription, Federal Labour court. If the overseen is transferred, he/it must pay even the retaining fee of the investigator/detective, Federal Labour court, 8 AZR 5/97, BAG: Damages for investigator/detective-costs. The wage earner has to replace the employer the necessary costs originated through the action of a investigator/detective if the employer transfers investigators/detectives the supervision of the wage earner one on the occasion of a concrete evidence against the wage earner and the wage earner of a willful contrary to the contract action is transferred. Ratification sanction BAG, BB 1987,689 to the published work for BAGE intended, judgment from the 17.09.1998 - 8 AZR 5/97

To further usage-methods, we expel from German courts of record on following leading decisions:
Workplace-related preconditions covered video-supervisions:
Video-cameras covered at the usage are legal specifications to heed. A masked video-reception puts an intervention in this through type. 2 Abs. 1 GG protected general personal right of the concerned wage earner there.
After the topmost-judicial specification, the masked video-record of a wage earner only then is allowable, if there is the concrete suspicion of a criminal offense or another heavy mistake at the expense of the employer, all less drastic means are scooped out to the enlightenment of the suspicion, and the masked video-supervision practically the only remaining means to the situation-enlightenment represents and the measure moreover altogether not disproportionate is. These individual preconditions must test very precisely workplace-related in every concrete in-cell-case and been converted. A detailed examination of the legal admissibility of the planned measure is before installation of a masked video-invigilator absolute consequently to execute.
Whether a suspicion because of a concrete video-record - or even a Tatkündigung legally allowable and meaningful is, should decide in cooperation with an Arbeitsrechtler particularly experienced in this area directly after the interpretation of the won evidence in each case and is executed.
In the particular case, also alternative completion-possibilities can in the border of this attorney-like deliberation, how an annulment-agreement, tested and is prepared. Additionally police or public prosecutor-like measures can avoid in the operation and are implemented the assertion from damages-claims.

Masked video-supervision with reasonable suspicion is timewise subject to limitations allowable.
A workplace can be overseen masked with video-cameras if a concrete suspicion insists on a criminal offence. With this decision, this rejected Federal Labour court the action of a woman, who had been dismissed because of suspicion of embezzlement, in March 2003. In order to prove the offence, the employer had put in two video-cameras.
Because money vanished in the beverage-market again and again, in which the wage earner worked, the security-firm installed two masked cameras in the cash and empty-asset-area. Receptions yielded the statements of the company according to the strong suspicion, her/its/their co-worker embezzled the money. As a result, she/it/they was dismissed with consent of the works council. The employee, which disputes the embezzlement itself, filed action against the notice of termination. She/it put forward on that occasion that secretly done video-receptions should not be used as evidences against her/it/them. Work-court of record and regional-work-court of record had rejected the action and appeal of the woman already. With the judgment of the BAG, also the plaintiff's appeal on questions of law only was rejected.
The judges of the BAG explained that the suspicion of the wage earner was adequately well-founded. With the video-supervision, it admittedly was about an intervention in the protected personal right, however the intervention served the evidence of conjectural criminal offenses, that would have been to be proved otherwise heavily.

GPS-Observation allowable.
The Federal Constitutional court has at the 12.04.2005 a decision on a constitution-appeal, that turned against the use from GPS-Orientation-systems towards investigation-purposes, announces. The court rejected this constitution-appeal and decided that § 100c Abs. 1 number. 1 letters b StPO it in principle, to start GPS-Systeme to the surveillance, allows.

Court's rulings about the reimbursable-ness of investigator/detective and investigation-costs:
The wage earner has to only then replace the employer the costs of a investigator/detective if the employer on the basis of a concrete evidence against the wage earner will entrust a investigator/detective with the supervision of the wage earner and the wage earner of a willful contrary to the contract action is transferred.
LAG-KOELN - judgment from the 20.04.2007, reference numbers: 11 Sa 1277/06

After a decision of the Federal Labour court, wage earners can be taken in necessary height for investigation and investigator/detective-costs in recover of damages. Precondition is, that there is the concrete suspicion against her/it/them, her/its/their performance could damage the operation. This applies, for example, when sick-celebrating. Here, the wage earner, provided he/it was transferred, can be obliged to the damages, that covers the costs of all necessary measures. Also occasion-referential investigator/detective-costs are among it.
8 AZR 5/97 17.09.1998

The necessity and the scope of the investigations at insertion of a investigator/detective are to be proved through presentation of investigation-reports.
If Düsseldorf, 7 TA 243/94, LAY 04.04.1995

Investigator/Detective-costs are reimbursable if the settlements met through the assigned investigator/detective necessarily and not were simpler after the circumstances of the particular case otherwise to attain, which are believable through presentation of the investigation-report and specific clearings to do. The directly FTAM process-covered settlements of the investigator/detective must have changed also the procedural position of the principal profitably.
OLG Munich, 11 W 1592/93 18.06.1993

Investigator/Detective and investigation-costs are necessary expenditures, if withholds the dependent earned-income, the maintenance action investigated a investigator/detective to the appropriate legal-defense his/its workplace and that the procedural position of the person obliged to pay support can change met settlements profitably from him/it.
OLG Schleswig, 15 WF 218/91 10.02.1992

Lessees, who expose the landlord's domestic requirements-reasons as inaccurate in an evacuation-FTAM process with help of a investigator/detective, can replace the investigator/detective-costs of the landlord gotten.
INC. Hamburg, 38 C 110/96 24.10.1990

Employers can leave sick-written employees through investigator/detectives observieren and them with justifiable suspicion the costs for it in bill puts.
Federal Labour court Kassel BAG, 8 AZR 5/97
Regional-work-court of record Rhineland-Palatinate, 5 Sa 540/99

Test-purchases are enough as evidence.
INC. Kaiserslautern, Az.: 5 CA 119/84

Investigation-costs of a Detektei necessarily are employers, financial rating and rating of the liable party (even if they were unsuccessful) in the levy of execution to the Einholung of information over address and with it reimbursable.
LG Cologne, 9 T 106/83

All legal basic conditions are subject to German laws and the German jurisdiction.