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Rechtsanwalt Marian Härtel - ITMediaLaw

No claim to identical credentials in agile project teams

7. November 2022
in Labour law
Reading Time: 2 mins read
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arbeitsrecht
Key Facts
  • Employees are entitled to a qualified reference when they leave the company, even in Scrum teams.
  • The entitlement to certain certificate wording does not depend on the certificates of other team members.
  • The Lübeck Labor Court ruled that individual performance can also be measured in agile working environments.
  • The Scrum method does not prevent individual performance evaluation.
  • The plaintiff felt unjustified in comparison to a colleague, but there was a lack of substantiated evidence.
  • The verdict is not yet final; an appeal has been allowed.
  • Team goals are not above individual performance in the Scrum method.

Employees may request a qualified reference from their employer upon leaving. This also applies to agile project teams that work according to the so-called Scrum method. However, they are not entitled to a certain certificate wording including a certain evaluation already because the employer has issued a corresponding certificate to another team member. This was decided by the Lübeck Labor Court.

The plaintiff was employed by the defendant as a test engineer in the area of product qualification according to the so-called Scrum method. This is a form of agile work that largely dispenses with technical instructions from the employer to the group members. Instead, self-regulation and self-control of the working group takes place.

After termination of the employment relationship, the defendant issued the plaintiff and another member of the project team with an employer’s reference. The plaintiff felt that he had been evaluated less favorably than this employee and demanded that his reference be adjusted. In support of his claim, he argued that he was already entitled to an identical reference because individual work performance had only played a subordinate role in the Scrum team due to the typical nature of this method and team goals had taken precedence. Accordingly, the performance was to be evaluated at least as much as that of the colleague.

The labor court dismissed the action. Even in agile work environments using the so-called Scrum method, individual performance is measurable and is the sole determining factor for the job description as well as the performance evaluation of a reference. The use of certain modern working methods does not prevent this, even if the method used prioritizes the group result. The Scrum method does not prevent individual performance evaluation in principle. Since, in the opinion of the court, the plaintiff had not substantiated the better performance from his point of view, the action was unsuccessful. Furthermore, it may even be contradictory if, on the one hand, the plaintiff refers to identically performed activities within the agile work group that are to be evaluated in the same way and, on the other hand, demands that certain work tasks that are handled in a special way be characterized as singled out.

The judgment is not – yet – legally binding. The Labor Court allowed the appeal.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Employment relationshipLabor CourtLawsuitRegulationTest

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
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    • Third-party videos
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