An employer who persuades an employee who is otherwise employed to take up work for him is attempting to poach him. It is basically permissible, ie every employer in a market economy system is free to offer a job to an employee who is otherwise employed. The employee concerned cannot be denied possible use of the opportunities presented to him.
However, solicitation may also be legally inadmissible. Form the legal basis for this
§ 1 UWG and § 826 BGB. It is immoral if:
an otherwise employed employee is induced to breach the contract, e.g. B. by influencing him not to take up his work for another employer or to stop it, although he is obliged to work with that employer. Sometimes the recruiting employer also replaces any disadvantages affecting the employee because of this breach of contract, e.g. B. a contractual penalty.
an otherwise employed employee is induced to terminate his employment in an orderly manner using unfair means, e.g. B. by:
- misleading messages or disparaging statements about the previous employer
- Scheduled and systematic poaching of several employees from one company
- Poaching with the aim of ruining a competitor or learning about their trade secrets
In the event of legally inadmissible solicitation, the injured company is entitled to compensation for damage according to Section 826 of the German Civil Code (BGB);