agreements www.telefonrechtsrat.de in standard employment contracts (GTC), which require an employee to secrecy on certain operational procedures, subject to a decision of the BAG is not in every case, the participation of the Works of § 87 paragraph 1 sentence 1 No. 1 WCA. A right of participation is considered, however, if the scheme is directed to the ordering behavior of workers. this is not the case if the confidentiality concerns work behavior of employees, or is already regulated by law.
The employer completed a clause on workers even secrecy agreement. The Works (BR) went against the employer in Angtragsverfahren with a "general request" before and wanted found know that a confidentiality clause is always subject to approval. The council said that he is entitled to this right in accordance with § 87 paragraph 1 sentence 1 No. 1 WCA.
This ultimately had the BAG (v. 10.03.2009, 1 ABR 87/07) Previous:
Principally, however, when confidentiality obligations a say in the BR for the WCA. A say, however, excluded if the declaration of secrecy the way people work and not the Rules of Conduct governs Arbekitnehmers or a statutory secrecy exist, eg according to § 17 UWG.
why this was the general request of the Works, which refers to all cases of the conclusion of a moderate form confidentiality agreement relates to reject. Because it also covers cases in which a participation of the works is excluded because of a work behavior or a legal obligation of the specific agreement. www.anwalt-strieder.de www.telefonrechtsrat.de
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