In Which Cases May Detectives Monitor Employees?
Clarifying Contract Violations and Criminal Offences
The use of detectives in the workplace is not unusual. It serves to uncover a wide range of contract violations and criminal offences and can therefore occur in many different scenarios (case examples from Kurtz Detective Agency Berlin can be found here). When employees are the focus of investigations, various legal requirements must be observed. Companies must comply with the statutory regulations.
Surveillance as a Justified Measure
In principle, employers may not have their employees monitored indiscriminately or at random, but only in the presence of a specific suspicion of wrongdoing. Moreover, this suspicion must be supported by facts. Mere assumptions are not sufficient. Limits for corporate clients of detectives are set by applicable employment law as well as by personal rights. Anyone who fails to observe these boundaries risks serious defeats before the labour court and may even face claims for damages. Consequently, it is essential to select investigators who not only understand their “craft” (surveillance and research) but also the legal framework and thus their own limits. Our private detective agency in Berlin relies on IHK-certified specialists who have learned the relevant legal foundations from the ground up.
Furthermore, our rule in cases of doubt is: better to consult our trusted lawyer once more than to rush blindly into a legally questionable case. This applies particularly to exceptional situations that deviate from everyday patterns. In this way, Kurtz Corporate Investigations Berlin can assure its clients that the findings of its investigations will stand up in court.
Test Purchases to Check Employees
To test whether employees provide truthful information, employers often conduct test purchases and so-called honesty tests. This is possible for all groups of employees whom the employer cannot verify in any other way. Cashiers, for example, may be tested by a detective carrying out a test purchase. Likewise, a corporate investigator may pose as a supplier to warehouse employees and deliver goods that differ from the delivery note. Undercover decoy operations are also frequently carried out by our Berlin private detectives in connection with such test purchases.
However, checking personal bags is only permissible with the consent of the person being checked. In addition, the works council must approve this measure in advance.
Decoy tactics can help lure employees who are acting unlawfully into a trap and thereby expose them with evidence admissible in court.
Surveillance During Sick Leave
Frequent or long periods of illness often prompt employers to have an employee monitored, as suspicion of fraud can arise from the circumstances. However, our corporate detectives in Berlin may only be commissioned if the employer possesses concrete indications that the employee is behaving in breach of contract. For instance, if the employee engages in activities that hinder recovery (behaviour contrary to recovery) or even works for another company during sick leave, the collected evidence may be presented in court.
Further assistance and information on employment law can be found at anwaltarbeitsrecht.com. The site also lists the relevant bar associations responsible for your region.
Author: Tobias Neumann
Kurtz Detective Agency Berlin
Rykestraße 26
10405 Berlin
Tel.: +49 30 555 786 41-0
Fax: +49 30 555 786 41-9
E-Mail: kontakt@kurtz-detektei-berlin.de
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Kurtz Investigations Berlin
Rykestraße 26
10405 Berlin
Tel.: +49 30 555 786 41-0
Fax: +49 30 555 786 41-9
kontakt@kurtz-detektei-berlin.de
Monday–Friday: 08:00–20:00
Since 2016, Kurtz Investigations has continuously supported the well:fair Neven Subotic Foundation, which provides children in underprivileged regions with access to clean water and education.
*Note: All assignments of Kurtz Detective Agency Berlin are carried out and billed from Rykestraße 26 in Berlin. Other deployment locations or regions advertised on this domain are not local branches or business premises of Kurtz Detective Agency, unless explicitly stated otherwise. We conduct investigations nationwide, across Europe and worldwide — either in cooperation with qualified, vetted local experts from our extensive contact network or by dispatching our own specialists. Further information on fees can be found here and on deployment locations here.
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