Aufklärungsinteresse versus arbeitsrechtliches Schutzgebot bei Compliance-Untersuchungen

Recently many companies saw the necessity to trace possible infringements within the enterprise themselves. Those compliance enquiries have become totally common in Germany`s legal landscape these days. They might, of course, cause problems for the employees who are affected, because there are not yet any rules how such an enquiry has to happen. In contrast to state investigators those within the enterprise are not obliged to be objective. Their task simply is to exonerate the company, the management or other persons in charge. Consequently there is the risk that the employees` rights are neglected. This work tries to make a purpose how to clarify the infringement for all those involved in an internal investigation fast and completely and to protect the employee's personal rights at the same time.