In a recruitment process, applicants may be entitled to material and immaterial compensation for damages based on various legally mandated and judicially justified claims. Additionally, the employer's freedom to shape the recruitment process and the freedom to conclude contracts may be restricted by the participation rights of a works council. If the employer does not conduct the recruitment process themselves but instead fully or partially outsources it to third parties until hiring, there is at least a theoretical risk that they could evade liability towards the applicants and render the participation rights of the works council ineffective, which would significantly reduce the protection of the applicants.