Article by Dr Christian Bloth and Laura Engelmann in the Deutscher AnwaltSpiegel

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When you ring: Dream job – or: No answer at this number?

Direct approaches at the workplace by another employer or a recruitment consultant, with the aim of sparking the recipient’s interest in a new role, appear to be a contemporary phenomenon, reflecting the so-called ‘war for talent’.

In 2004, the Federal Court of Justice (BGH) ruled that initial contact was permitted even when made using a telephone provided by the employer, provided that it was limited to a brief introduction and all further communication took place outside working hours.

But what is the situation when repeated contact is made via a private mobile phone whilst at work? In an age when the private mobile phone has become an indispensable ‘companion’, must an employer accept this without exception?

You can find the ruling of the Frankfurt Higher Regional Court here:

https://www.deutscheranwaltspiegel.de/bei-anruf-traumjob-oder-kein-anschluss-unter-dieser-nummer/

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