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If the termination conditions of the employee and the employer are compared, it is evident that the employee's right of termination is more restricted than that of the employer's, because the employee does not have a special right of termination. In the case of specific termination rights reserved only for the employer, such an agreement would lead to an alignment with the level of termination rights of the employee (quantitative symmetry). The required symmetry is reached by reducing the additional termination rights of one party (usually the employer) to the level of the termination rights of the other party (usually the employee). As claimed by the employer, it is true that an option granted to the employee for the same reason as contractually reserved for the employer would be pointless. [Extracted from the article]

The employer monitored the employee and his behaviour continuously and comprehensively during working hours; furthermore, the received data about the employee was not necessary for completing and reviewing the employee's work. Aust. 2 59 The employee claimed damages from the employer in accordance with section 1328a of the General Civil Code; the protected legal interest is the employee's privacy. This GPS, which the defendant had installed in every company car of the sales department, was able to transmit GPS data constantly, enabling the employer to locate all vehicles all the time, even during the employees' leisure time. The relevant provisions of labour law would only entitle the employee or the employee representatives (such as the works council) to remove the employer's control measures or to sue for injunction. [Extracted from the article]