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Data protection act and CV

30 posts in this topic

You might want to check what your contact says especially wrt working for the condition. Aside from being unethical and that it makes you look like a complete prick,  it might be in direct violation of your contract. 

 

They pay you for your expertise and you don't want them to use it. Why exactly do you expect them to continue to pay you for tags next nine months?  

 

As an employer,  i would consider this refusal to supply an updated CVArbeitsverweigerung and give you an Abmahnung. If i found out what you are up to, I'd throw the book at you.  What does your potential new employer think?  Are they happy with an employee that resorts to  such underhanded moves?  

 

There is a saying in German that translates to "You always meet each other twice in life." If you are burning bridges now,  it might come back to bite you in the bum inn the future. And if you think your old employer won't find out, think colleagues whose toes you might step on or even the ethics of your new employer who is happy for you to screw your current employer. They might not think twice about screwing you at some point if it seems beneficial to them... 

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Indeed. I didn’t get along with one of the sales guys where I worked almost 20 years ago. I openly referred to him as “the snake”. 

 

He really was a snake, but guess who is pretty high up in the company I applied at in 2017... Oops. 

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This is a tricky situation. If your notice is too long and you won't be able to work with the competitor in time, it may be best to withdraw your consent to be presented in the competitor's bid. While this means a risk of being out of a job in the future, it would still be better than getting in worse trouble. This considers the following:

  1. Your employer may take legal action as working against the interests of the company could constitute a breach of contract.
  2. It depends on your contract but in this sector, employers usually are able to present their staff members by default.
  3. If you are presented in both bids, it is possible that both companies get disqualified or the tendering procedure gets cancelled and relaunched.
  4. Depending on the contracting authority's regulations, this may also risk exclusion from bidding for a limited period of time.

Good luck!

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Based on some of the comments in this thread, it appears contract chasing is different in Germany.  Submitting CVs for key personnel in bid packages, along with letters of intent for those personnel not currently employed by the bidder, is common in the U.S. and almost universally mandatory for contracts with the U.S. Government.

 

As a voting member on over a dozen contract source selection and evaluation boards, I've reviewed technical proposals from hundreds of companies competing for our contracts.  I can't think of any competitions where I haven't seen the same personnel show up in more than one proposal.  In most cases, I expect to see CVs from a few, if not more, of the staff of the incumbent company, especially when not being selected means mass terminations.

 

My recommendation is to be a team player for the company paying your salary and allow it to include your CV in its proposal.  Unless your skills are so critical to the success of the bid package, your CV will likely not make a difference in the selection process.  However, there's no point in burning bridges that don't need burning.  The hands you might step on today could be the same hands years from now that extend a job offer.  Or not.

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It isn’t that it is so much different here, and the method you suggest is just fine. You are not permanently bound to your current employer. 

 

It sounds to me as if his experience and expertise are perfect fits for this project, however, and his inclusion or exclusion may indeed sway the selection process. 

 

It’s absolutely fine to lay your eggs in many baskets...just in case. It is not ok to effectively sabotage your current employer while promoting another. 

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16 hours ago, A.N.Other said:

 

Yes. Pretty screwed up, huh? Complete conflict of interest, as it would ruin him if his current employer gets the contract. 

 

Great employee to have. 

 

He should at least have the decency to quit. 

 

My guess is that he is in a specialized sector, the alternatives are limited, and the situation is difficult.  

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3 minutes ago, balticus said:

 

My guess is that he is in a specialized sector, the alternatives are limited, and the situation is difficult.  

 

That’s my assumption, too. As I said, it’s ok to lay your eggs in many baskets. It is not ok to withhold an egg from the farmer who feeds you. 

 

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The company you work for has the right to bid on contracts based on their current workforce...you included...because you work for them.

The client knows the bidding process is a fluid one.  The scope can change as well as the workforce.  You (or anyone else for that matter) could die, resign or retire.

In your case, you don't mention a non-compete.  Given that, you apparently can work for your competitor, but you can only work for one company at a time.

As long as you work for company A, they have a right to tell a client who works for them...because you work there.  If you've told them you plan on leaving and they still present you, that's their right and risk....but they can't guarantee it anyway.

You might change your mind and so might the new employer or your current employer.  Should everyone put their business on hold until you firm up your plans?

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On 6/7/2019, 10:51:53, Jannerman said:

 

You are missing the point I don't want them to use me full stop,  so I am not going to help them. They haven't a clue what I do on daily basis so it would all be fabrications. 

How does the company you work for not know what you do on a daily basis? And anyway, they don't need to describe every last task, just give a general job description, projects worked on etc

 

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As long as you are employed there, they have the right to put your name in the bidding process. 

In some cases they will put names of people from other projects in the company. They can always argue that "this is their plan" and later they can say that "the plan changed". 

 

Unless you want to have serious legal problems, I would advise you to play ball. If you sabotage a company, - which is what you are trying to do now -  you can end up paying fines for the rest of your life. For example, they can even charge you with industrial espionage since you are effectively working on behalf on another company to sabotage your current company's success. People have gone to prison for this. Do you really want to go that far? 

 

Anyway, why do you even care? Let them put whatever name they want on the bid. If they win, let them figure out how to make the project without the proper resources. Switching the contractor because of lack of resources is quite common nowadays. Half of the projects in our company were not won in the bidding phase. The customer simply comes to us after he realizes that his contractor took the names from google and put work students to do a senior job. 

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