Employee Questionnaire: A Comprehensive Guide

The employee questionnaire is indispensable for employee management, as the collected data is repeatedly needed in day-to-day business, for example, for payroll, insurance, or HR development. However, it is important that the data is collected properly, as employers face hefty fines if data protection guidelines are not observed. The following sections will highlight common pitfalls with employee questionnaires and explain how to avoid them.

The Employee Form - Key Points at a Glance

An employee form may only contain questions that are in the legitimate interest of the employer. Inadmissible questions may be answered incorrectly or not at all. The works council must approve the contents of the employee form. Data protection guidelines must be observed when creating and processing it.

Employee Questionnaire Template

Employers are not legally obliged to use employee forms in their companies. However, this document ensures order and simplifies administration.

Download a free employee questionnaire template here

When is an employee form used?

There are two cases in which employee questionnaires are used: during the application process ("recruitment questionnaire") and after hiring ("employee questionnaire"). In both situations, the document is completed by the applicants or employees themselves. However, applicants are not obliged to complete the employee form.

The questions in the recruitment questionnaire usually only relate to points relevant for later wages or salary. This is because, due to the General Equal Treatment Act (AGG), applicants must not be discriminated against based on characteristics such as age, gender, or ethnic origin. To avoid accusations of unequal treatment, employers should therefore only collect this data after hiring.

Incidentally, an employee questionnaire is not an employment contract. However, if false information is provided in response to permissible questions, the employer is entitled to contest the employment contract or even terminate it.

Employee Questionnaire: Permissible Questions

Generally, all questions that are in the legitimate interest of the employer are permissible in an employee questionnaire. Depending on the situation, these may include different points. Below are some details that may generally be recorded in the employee questionnaire:

• Personal Details: Name, address, date of birth, gender, nationality, marital status
• Professional Background: School leaving certificate, vocational training/studies, further education and training, employment references
• Details for Payroll (upon hiring): Bank details, social security number, tax ID, health insurance provider
• Employment Data (after hiring): Start date, place of work, working hours, type of employment, remuneration

Depending on the situation, further information may also be collected, such as possession of a driver's license, non-compete clauses, general health status, criminal record, severe disability, current financial situation, or wage/salary garnishments.

Employee Questionnaire: Impermissible Questions

All questions that violate employees' personal rights are impermissible in the employee questionnaire. Employers and works councils are legally obliged to protect employees' personal development. The following information may not be collected in the employee questionnaire if it is irrelevant for the desired job:

• General health status
• Presence of pregnancy, desire to have children, or marital intentions
• Ethnic origin
• Affiliation with a political party, religion, or trade union (exception for ideological businesses according to §118 BetrVG)
• Current financial situation
• Presence of a criminal record
• Amount of previous remuneration

If an employer asks impermissible questions during a job interview or in an employee questionnaire, the applicant or employee has the "right to lie." This means that providing false answers or refusing to answer is permitted. However, a false answer to a permissible question can lead to legal consequences, as this is considered fraudulent misrepresentation.

Involvement of the Works Council

The employer is not solely responsible for designing the employee questionnaire. If a works council exists in the company, it must approve every substantive change. This applies to both the creation of the document and any subsequent adjustments. The works council also has the right to propose the introduction of an employee questionnaire, but in such cases, the employer has the final say.

Data Protection and GDPR

Employee questionnaires collect personal data from employees, which means employee data protection regulations apply. This legislation is based on the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR). Specific rules apply to data collection using employee questionnaires:

1. Data may only be collected and processed for the purpose of the employment relationship.
2. For data collection and processing, the voluntary written consent of applicants and employees is required.
3. Applicants and employees must be explicitly informed of their right to information, rectification, erasure, and withdrawal of consent.

Additionally, the principles of the GDPR apply to data processing, including data minimization, data accuracy, limited storage periods, and data security and confidentiality.

It is important for employers to comply with data protection guidelines, as violations can lead to severe penalties.