Gate control

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A gate control is an examination and search of things carried by employees by the employer. Gate controls are designed to prevent or clear up the theft of the employer's property. They are usually carried out at the factory gate. Hence its name is derived. Because bags carried along are searched during gate controls, this is also referred to as bag controls .

Gate controls encroach on the privacy of the workers concerned. If the employer also expresses through the inspection that he does not trust the employee without restriction, this also affects the sense of honor of the person inspected.

In the opinion of the Federal Labor Court, gate controls are still legally permissible as long as the employer observes the principle of proportionality : Gate controls must be suitable and necessary in individual cases to prevent or clarify theft. There cannot be any milder measures. In addition, gate controls may not be carried out to a disproportionate extent or with disproportionate intensity. A stigma of controlled must be prevented as much as possible.

Gate controls concern a “question about the order of the company” in accordance with Section 87 (1) No. 1 of the Works Constitution Act and are therefore subject to the participation of the works council . The admissibility and implementation of gate controls are therefore usually regulated in company agreements.

literature

  • Jacob Joussen: The admissibility of preventive gate controls according to the new BDSG. In: Neue Zeitschrift für Arbeitsrecht 2010, pp. 254–259.

Web links

Individual evidence

  1. Federal Labor Court, decision of July 9, 2013 - 1 ABR 2/13 (A) - lexetius.com/2013,4754