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Emergency

Personnel meeting: your rights and duties

Personnel meetings range from a harmless exchange to a delicate criticism meeting. In principle, within its power of direction the employer may invite you to meetings about the work. For content outside the work obligation, however, limits apply.

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Within the power of direction, the employer can invite you to meetings about the content, place and time of the work (§ 106 GewO). You must generally attend such meetings insofar as they concern the work.
In many cases you can bring in a member of the works council, for example in meetings with possible consequences for the employment relationship. You are not obliged to discuss private topics or make a confession.

What you should do now

  1. 1

    1. Clarify the occasion

    Ask about the topic and purpose of the meeting to prepare.

  2. 2

    2. Consider accompaniment

    Consider whether you want to bring in a works-council member.

  3. 3

    3. Stay factual

    Listen, take notes and do not sign anything rashly.

  4. 4

    4. Record the outcome

    Record agreements and accusations in writing and ask for a copy of any minutes.

How to spot the scam

  • You are meant to immediately sign a document such as a cancellation agreement.
  • The meeting clearly serves to pressure you into resigning yourself.
  • Accusations are raised without evidence and are meant to be put 'on record'.

Frequently asked questions

Do I have to attend the personnel meeting?

If it concerns the content, place or time of the work, the meeting falls under the power of direction (§ 106 GewO) and you must attend. If it concerns exclusively topics outside your work obligation, such as a cancellation agreement, there is no duty to attend.

May the works council be present?

In many meetings, especially those with possible consequences for the employment relationship, you can bring in a works-council member. This is sensible precisely in criticism or warning meetings, to have a witness.

Do I have to sign anything in the meeting?

No. You are not obliged to sign a document in the meeting. Take your time, check documents in peace and do not sign anything under pressure, especially not a cancellation or amendment contract.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.