Recruiters Legally Permitted To Call German Executives On Company Mobiles
By TRANSEARCH, Germany
The highest German civil court, BGH, recently reaffirmed its 2004 case law that contacting employees (potential candidates) at the workplace is not in breach of competition law regulations as long as the contact does not go beyond a first and brief contact (i.e. to present yourself as a search consultant, and agree on a suitable time to call outside of working hours). In this recent judgment, the BGH added that this is also the case when the search consultant calls an employee (potential candidate) on his or her company mobile phone (i.e. when the employee is not effectively at his workplace).
