Die Rechtsstellung des Bewerbers im Einstellungsverfahren

The personal rights of applicants can be violated on many levels. So far, jurisdiction and labor law-related literature have discussed the limits of employers’ right to ask certain questions in interviews. However, assessment centers (ACs) raise various legal issues that remain still unsolved. The present thesis develops a universal applicant system that specifically builds on existing data protection law and formulates a guideline for the legitimacy of ACs. This guideline enables companies to increase legal security and to reduce liability risks for personal rights violations. Because the presented guideline includes psychometric criteria, the quality of personnel selection can notably be improved. Furthermore, the thesis examines the role of works councils in ACs and presents general conditions for works agreements.