Personnel selection and recruitment processes in the public sector

What should be considered in general and specifically before and when hiring a new employee in the public sector?

• Differentiation between job advertisement, job description and requirements profile.
• Legitimate and appropriate design and formulation of job advertisements and requirement profiles.
• Constitutional requirements and necessary specifications for the requirements profile.
• Legal consequences of incorrect job advertisements and/or requirement profiles.
• Competitor dispute and competitor action by civil servants and employees.

Employer's means of knowledge for personnel selection

• Employer's right to ask questions.
• Duties of clarification and disclosure.
• Internet research, screenings and background checks.
• Medical examinations and aptitude tests.
• Legal consequences of incorrect answers by the applicant.

Personnel selection and AGG

• Non-discriminatory design of job advertisements and job interviews.
• Indications of prohibited discrimination under the AGG.
• Legal consequences of discrimination under the AGG.
• Right to information of rejected applicants.
• Current case law on the AGG.

Recruitment of severely disabled people

• Compliance with the procedures according to SGB IX.
• Special features for the job interview; right to ask questions.

Employee data protection

• Data collection, data processing and data use during and after the application phase.
• Purpose limitation, necessity and proportionality for the application and recruitment process.
• Rights to information.
• Observe deletion obligations.

Involvement of the interest group

• Co-determination and participation of the works council and staff council.
• Refusal of consent by the works council/staff council.
• Control rights.
• Personnel questionnaire.