German labor law interpretations of employee conduct

Legal interpretations of German labor law have addressed the boundaries of employee activities during non-working hours.

Initial clarifications established that drafting job applications, including for internal vacancies within the same company, does not constitute working time. According to Nathalie Oberthür of the German Bar Association (DAV), employees must prepare these applications outside of their scheduled working hours.

Subsequent legal analysis expanded on the implications of employee conduct during private time, specifically regarding social media use. While private social media activity is generally considered part of an individual’s private life, professional consequences may arise if posts connect to the employment relationship. Risks include disclosing business secrets, wearing company uniforms, or posting content that insults colleagues or management. Legal outcomes in these instances depend on specific circumstances, such as the visibility of the post and the expectation of confidentiality.