What possibilities does the employer to ensure that workers says not operating internals or – even worse – passes his knowledge on the competition. For many years, we operate primarily focusing on labour and tenancy law as lawyers. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. To carry the duty of the employee, operating internals not outward, BGB, 3, followed by 17 UWG as a secondary duty directly from the employment contract and the 823, paragraph 1 and 2, 826. Without special agreement in the contract of employment, the following applies: the worker has to withhold all facts relating to the business, that should be confidential according to the will of the employer due to a legitimate economic interest. Facts that knows every so third parties outside of the operation or without greater difficulty in experience can bring, are subject to the confidentiality duty.
The obligation of secrecy can be extended in individual contracts. The clauses must be touched but not too largely. Is obliged of workers such as the secrecy of all operational facts known to him, this goes beyond a to be legitimate interest of the employer. Such a clause would be disproportionate and therefore null and void. In contrast, considered it generally allowed, to agree on certain specific information as confidential.
A very concrete aggregate clause, which expressly enumerate individual facts, is subject to the risk that the not explicitly listed facts are quasi released for information to all in turn. A concrete and not comprehensive clause preferable to is still in doubt. Compliance with confidentiality can be secured by the agreement of a contractual penalty. After his occupation of workers without is explicit contractual agreement basically committed continues to maintain secrecy with regard to the business and operating secrets. Here, too, it can be agreed specifically that certain facts are in addition to conceal. The agreement may cause but not that of workers in fact no longer can exercise his profession. The workers violated culpably the contractual or legal obligation of secrecy he’s damages. In addition, an effective agreed contractual penalty is forfeited. Is also a behavioral ordinary, in serious cases a termination of the employee into account. The workers may be, if he belongs to a certain group of people (E.g. doctors) or when he is out of self-interest or for the purpose of the competition, even punishable by law. A post by lawyer Alexander polymath, Berlin lawyer specializing in labour law polymath welcome la