Works Council Agreement Germany

Ondřej Havlín 16.10.2021
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For example, 80% of computer applications can be used to draw conclusions about the performance or behavioral data of their users. But is the fact that this technology can be used for employee monitoring enough to trigger a co-management right for the works council? The case law says that this is possible: it is justified by the protection of the personal rights of employees. In addition to the structure of the works council, the representation of management is provided for separately. Provided that there are 10 executives, either in the factory or in the company, they can choose to elect a board of directors to represent them. This can have between one and seven members, depending on the number of executives involved. How far do works councils in Germany have a say in the introduction of new technologies with the ability to monitor? This article contains some instructions. In the event of individual personnel matters, appointments, classifications and rescheduling, transfers and dismissals, the employer must inform the works council before acting, and the works council may refuse his consent (appointments, classification and re-classification and transfers) or oppose the proposed measure (dismissal). However, the works council may only do so in certain circumstances. B, for example, if the proposal conflicts with existing agreements or guidelines, would lead to unfair treatment of the person concerned or (in the event of dismissal) if the employer has not taken sufficient account of social issues.

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