Die Zulässigkeit von Abwerbe- und Einstellungsverboten zwischen Arbeitgebern

In times of skills shortages, competition between employers for qualified workers is increasing. One means of this competition are no poach agreements between employers. The author examines their permissibility based on antitrust law, § 75f HGB, the law of general terms and conditions and general civil law. The relationship between the standards of the various areas of law is discussed in detail. The author thus paints a comprehensive picture of the limits of the permissibility of no poach agreements, sets out general standards for them and provides practical advice on drafting contracts.