General

How to prepare for an interview?

How to prepare for an interview?

The interview usually begins with a greeting outside of the actual interview room. The typical process is that you arrive at the company and present yourself at reception. Then you will either be taken to a room or picked up.

Who will be invited to the interview first?

This matrix for application documents determines the order in which you invite the applicants: A applicants: Applicants whose profile ideally matches the advertisement and who can be invited to an interview immediately. B applicants: Applicants with good suitability as a successor.

Are all applicants invited for an interview?

On average, the three to six best candidates receive an invitation to an initial interview. However, this number is individual for each application process and each company. Some invite only one candidate at first, others ten.

Who decides whether someone is hired?

Under no circumstances should he alone decide how to deal with the application. This is a so-called individual personnel measure, which means that the works council decides whether the applicant will be hired or not. This is regulated in Section 99 of the Works Constitution Act.

Why does the works council have to agree to a hiring?

Section 99 (2) No. 3 BetrVG gives the works council the option of refusing approval of a hiring if there are fears that employees in the company will be made redundant or suffer other disadvantages as a result of the hiring.

What does the works council check when hiring?

The works council needs to know everything that enables it to judge whether or not to agree to the hiring. First and foremost, this includes the application documents and other documents that provide sufficient information about the applicant.

What documents does the works council need when hiring employees?

The documents that the employer must submit to the works council include not only the application documents submitted by the applicant, such as curriculum vitae, certificates and letters of application.

What happens if the works council does not agree to an appointment?

If a hiring is rejected by the works council, the employer can apply to the labor court for the approval of the hiring to be replaced by the labor court (Section 99 (4) BetrVG). The labor court then examines whether the objection by the works council was legal or not.

What happens if the works council does not agree to a classification?

If the works council refuses its consent, the employer can apply to the labor court to replace the consent (Section 99 (4) BetrVG). The classification found in the new participation or replacement procedure is then binding for the employer (BAG of May 3, 1994 – 1 ABR 58/93).

Who decides on classification?

The classification is based on the activities that the employees have to carry out. The applicable remuneration results from the collective agreement. The staff council monitors its correct application.

Can the works council refuse a salary increase?

Co-determination according to Section 87 (1) No. 10 BetrVG is subject to the introduction of remuneration principles and changes thereto. BetrVG, according to which the works council can only have a say insofar as there is no legal or collective bargaining agreement, neither limited nor excluded.

Can the works council refuse a promotion?

If a personnel measure violates a selection guideline according to § 95 BetrVG, the works council can refuse its consent to this measure according to § 99 Para. 2 BetrVG.

Can the works council refuse overtime?

If you have not involved your works council in ordering overtime, your employees can rightly refuse to work overtime. Employees can then simply refuse to work overtime.

Is a promotion a transfer?

Definition of a transfer in labor law The employee’s new job may be better than the previous one (promotion), but also of equal value (horizontal transfer) or inferior (vertical transfer). If the above conditions are met, it is still a transfer.

Can I object to a transfer?

When deciding whether to object to a planned transfer, the works council is not bound by the employment contract of the employee concerned, but decides independently as a works council on the basis of Section 99 (2) No. 4 BetrVG.

When is a transfer unreasonable?

There is no fixed limit for a reasonable transfer to another place of work. The reasons given by the employer and the interests of the employee are always decisive. If no fixed place of work has been agreed in the employment contract, a commute time of one to two hours is usually reasonable.

When is a transfer invalid?

A transfer may be inadmissible because a specific job has been expressly or implicitly agreed. But also because the employer has not exercised his discretion or has exercised it incorrectly, in all these cases Maria can bring an action before the labor court.

Can you just cut your salary?

In principle, wages may not be reduced. The employee works, the employer pays him wages. In principle, the employee only owes a mere action, but not a specific result. In principle, a salary reduction due to poor performance is therefore not possible without further ado.

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