Desk sharing and the works council: What should you keep in mind?

Desk sharing is currently on everyone's lips. This is hardly surprising, as the benefits are obvious: more flexibility, savings on rent and energy costs, less crowded offices, and demonstrably happier employees are just a few of the reasons why many companies and organizations are now opting for the shared desk concept and New Work.

However, it is also clear that a cultural change of this kind cannot be adopted without a whole range of regulations. Depending on the size of the company, many important factors come into play that businesses must pay attention to. The works council's co-determination regarding desk sharing is essential at this level.

We have summarized how desk sharing, the works council, and the works council's co-determination in desk sharing can look:

• In general, the works council cannot prevent the decision to introduce desk sharing in your company (Federal Labour Court decision of November 17, 2021 (Az. 7 ABR 18/20))
• However, the works council can have a major influence on the nature of the procedure and the associated changes
• Health and safety topics such as ergonomic workstations, standing desks, separate screens, and input devices fall under the works council's remit
• Hygiene regulations for sharing a workstation should be applied as a guideline
• Data protection must be guaranteed at the workstations
• Existing works agreements must be reviewed and, if necessary, adjusted or supplemented by a specific desk sharing works agreement

Works council co-determination in desk sharing

As mentioned at the beginning, there are several points where the works council can have co-determination rights regarding shared desks. To go into a bit more detail, it is worth examining the individual points more closely. It is also clear that not everything that might bother employees is a reason for the works council's co-determination in desk sharing. Desk sharing co-determination plays a central role here, as it regulates how the new workplace model is designed and implemented.

Protection of employees

The protection of employees is a central concern for the works council when introducing desk sharing. The works council must ensure that working conditions continue to meet legal requirements and that the health and well-being of employees are not compromised. This includes the following aspects in particular:

1. Ergonomics: Even with desk sharing, workstations must be ergonomically designed to avoid health problems. The works council can demand that employees have access to ergonomically suitable chairs, desks, and screens.

2. Personal needs: Desk sharing means that employees no longer have a fixed workstation. The works council must ensure that individual needs, such as special work equipment or personal adjustments, are taken into account.

3. Data protection: With desk sharing, there is a risk that sensitive personal data may remain unprotected. The works council must ensure that sufficient data protection measures are in place to maintain employee confidentiality.

Safety precautions

Safety precautions also play an important role in the introduction of desk sharing. The works council has the task of ensuring that safety standards in the company continue to be met. This includes:

• Access controls: Since employees use different workstations, the works council must ensure that unauthorized persons do not have access to the workstations and the sensitive information stored there.

• IT security: Flexible workstations can jeopardize IT security, for example through unsecured computers or exposed cables. The works council must ensure that measures are taken to minimize such risks, such as using encrypted networks or requiring computers to be locked whenever they are not in use.

• Workplace safety: Since desk sharing can lead to workstations being set up anew every day, the works council must ensure that this does not lead to safety risks, for example through poorly laid cables or improperly used work equipment.

Influence of the works council on shared desks

Under Section 87 (1) nos. 1 and 7 of the Works Constitution Act (BetrVG) the works council has a right of co-determination regarding the introduction of desk sharing. From a legal perspective, several factors must be considered before desk sharing can be approved by the works council. Co-determination in desk sharing governs how the works council is involved in the introduction and implementation process, covering organizational, health-related, and data protection aspects. 

• Co-determination during introduction: The works council has the right to help shape the introduction of desk sharing. It can establish conditions and regulations to ensure that the interests of employees are protected. 

• Involvement in implementation: The works council can influence the specific design of the desk sharing model, for example by setting rules for workstation usage, reservation systems, or measures to prevent conflicts between employees.

• Monitoring implementation: Even after the introduction of desk sharing, the works council has the right and the duty to monitor compliance with the agreements reached and to demand adjustments if necessary, should issues arise for employees.

In summary, the works council plays a crucial role in the introduction of desk sharing, ensuring that employee protection is guaranteed, safety precautions are taken, and the interests of the workforce are comprehensively considered.

Desk Sharing Works Agreement

When introducing desk sharing, it is not only the co-determination rights of the works council that play an important role – a works agreement on desk sharing is also frequently concluded. It creates clear desk sharing rules, ensures transparency, and guarantees that the interests of employees are fully taken into account.

A desk sharing works agreement bindingly defines how the shared desk model is implemented in the company and which organizational and legal framework conditions apply. Typical contents of such an agreement include:

• Usage rules for workstations, booking processes, and office areas
• Ergonomic and health standardsthat must be maintained despite changing workstations
• Data protection and IT security measures, including clean desk policy
• Hygiene and safety requirements to minimize risks when changing workstations
• Consideration of the special needs of individual employees
• Procedures for conflict resolution as well as regular review of the agreement

A well-drafted desk sharing works agreement helps employers and the works council to design the new workplace model in a legally secure, fair, and transparent manner. It provides guidance, protects the workforce, and facilitates both the introduction and the subsequent day-to-day use of desk sharing.

Flexopus: The secure solution for your company

Now that we have established that the works council has a major influence on the introduction of desk sharing in the company, the next step is to implement a secure and easy-to-use software solution. This not only makes the transition to desk sharing easier for all employees but also ensures that processes function digitally and are documented. 

In this regard, it is extremely important to have a provider by your side where data protection, ease of use, and accessibility go hand in hand: Flexopus - The Workplace Management Software

Flexopus is subject to strict regulations and is in Germany a strong advocate for data privacy itself. For this reason, works councils nationwide trust Flexopus, and the software is used in many areas of public life, critical infrastructure, and within large DAX-listed companies.

With the ability to assign equipment features to each object, all employees are guaranteed access to height-adjustable desks, dual monitors, or other daily work aids, eliminating conflicts over who needs which equipment at which desk.

Furthermore, Flexopus offers several features regarding privacy, data protection, and testing that satisfy both the works council and management when it comes to desk sharing.

Privacy Settings

• Comprehensive control over your own data: Users can configure detailed privacy settings.
• Control options: Users decide which information (e.g., availability, location) is visible to others.
• Customizability: Individual adjustment of the visibility of bookings and personal data.

Data protection is our top priority

• Data minimization: Collection of only necessary data to minimize data protection risks.
• Anonymization and pseudonymization: Protection of personal data through anonymization wherever possible.
• Secure data processing: Encrypted transmissions and secure storage methods to prevent unauthorized access.

ISO 27001 Certification

• Risk management: Continuous identification, assessment, and mitigation of security risks.
• Systematic monitoring and improvement: Regular review and adjustment of security measures.
• Building trust: ISO 27001 as a quality benchmark and proof of trust for companies.

Regular audits 

• Compliance verification: Ensuring adherence to ISO 27001 and legal data protection requirements.
• Vulnerability identification: Early detection and remediation of potential security risks.
• Continuous improvement: Using audit results to optimize processes and technologies.

Flexopus is characterized by a multitude of advanced security and data protection features that ensure the privacy of users, the secure handling of personal data, and compliance with international standards. With extensive privacy settings, a data-protection-friendly approach, an ISO 27001 certification and regular audits, Flexopus ensures that companies receive a secure and data-compliant solution for desk sharing and office organization. These features make Flexopus a trusted choice for companies with the highest standards for security and data protection.

Flexopus offers much more than traditional desk sharing software: With the room booking systemandparking space booking system, meeting rooms and company parking spaces can be managed easily and based on specific rules. The asset management software supports digital inventory management, while the visitor management software and the catering module simplify the organization of guests and office services. All modules are combined into a central workplace management software that prioritizes data protection, security, and individual access rights.

Summary

Desk sharing offers companies many advantages, such as flexibility and cost savings, but it also requires careful planning and consideration of employee interests. The works council plays an important role in the introduction and design of the desk sharing model, particularly in the areas of health protection, ergonomics, data protection, and safety precautions.

The works council cannot prevent the introduction of desk sharing on its own, but it has significant influence on its design, for example by establishing rules and monitoring implementation. Topics such as ergonomic workstations, IT security, access controls and compliance with hygiene and data protection requirements are the primary focus.

A secure and data-compliant solution for desk sharing is provided by shared desk software Flexopus. It is characterized by comprehensive privacy settings, a data-protection-friendly approach, ISO 27001 certification, and regular audits, making it a trusted choice for companies that place a high value on security and the protection of their employees.