Desk sharing and works council: What should you consider?

Desk sharing Everyone's talking about it right now. This may not be too surprising anymore, because the benefits are obvious: More flexibility, savings in rental and energy costs, fewer overcrowded offices and demonstrably happier employees are just a few of the reasons why many companies and organizations are now relying on 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 series of provisions. Depending on the size of the company, this brings together many important factors that companies must pay attention to. Desk sharing participation by the works council is essential at this level.

Let's briefly summarize what desk sharing, works council and works council participation in desk sharing can look like:

• In general, the works council cannot prevent the decision as to whether your company introduces desk sharing (decision of the Federal Labour Court of November 17, 2021 (ref. 7 ABR 18/20)
• However, the works council can have great influence on the nature of the process and the associated change
• Health protection issues such as ergonomic workplaces, standing desks, separate screens and input devices fall within the remit of the works council
• Hygiene rules for sharing a workplace should be used as a guideline
• Data protection must be guaranteed at workplaces
• Existing works agreements must be reviewed and, if necessary, amended or supplemented by a specific desk sharing works agreement

Desk sharing Works Council participation

As already mentioned at the beginning, there are a few points in which the works council can have a say in Shared Desk. In order to be able to go into a bit more detail, it is worthwhile to illuminate the individual points in more detail. It is also clear that not everything that could disturb employees is also a reason for the works council's participation in desk sharing. Desk sharing participation plays a central role here, as it regulates how the new workplace model is designed and implemented.

Protecting employees

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

1. Ergonomics: Even with desk sharing, workplaces must be ergonomically designed to avoid health problems. The works council may require employees to have access to ergonomically suitable chairs, tables and screens.

2. Personal needs: Desk sharing means that employees no longer have a fixed workplace. 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 remains unprotected. The works council must ensure that sufficient data protection measures are in place to maintain the confidentiality of employees.

safeguards

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

• Access controls: Since employees use different workstations, the works council must ensure that unauthorised persons have no access to the workstations and the sensitive information stored there.

• IT security: Flexible workplaces can jeopardize IT security, e.g. due to unsecured computers or exposed cables. The works council must ensure that measures are taken to minimize such risks, for example by using encrypted networks or the obligation to always lock computers when they are not being used.

• Job security: Since desk sharing can result in new workstations being set up on a daily basis, the works council must ensure that this does not lead to safety risks, for example due to poorly laid cables or improperly used work equipment.

Influence of the works council on shared desk

The works council has Section 87 (1) No. 1 and 7 of the Works Constitution Act (BetrVG) a right of participation in the introduction of desk sharing. From a legal perspective, there are therefore a few things to consider before desk sharing can be approved by the works council. Desk sharing participation regulates how the works council is involved in the introduction and design and includes organizational as well as health and data protection-relevant aspects.

• Participation in the introduction: The works council has the right to help shape the introduction of desk sharing. He can set conditions and regulations that ensure that the interests of employees are protected.

• Involvement in the design: The works council can influence the specific design of the desk sharing model, e.g. by defining rules for the use of workstations, reservation systems or measures to avoid conflicts between employees.

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

In summary, the works council plays a decisive role in the introduction of desk sharing to ensure that employees are protected, safety precautions are taken and that the interests of the workforce are comprehensively taken into account.

Desk sharing operating agreement

When introducing desk sharing, not only does the participation of the works council play an important role — a works agreement on desk sharing is also often concluded. She creates clear desk sharing rules, ensures transparency and ensures 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 are:

• Usage rules for workstations, booking processes and office areas
• Ergonomic and health standards, which must be maintained despite changing jobs
• Data protection and IT security measures, including Clean desk policy
• Hygiene and safety requirements to minimize risks when changing jobs
• Taking into account the special needs of individual employees
• Dispute resolution procedures and regular review of the agreement

A well-drafted desk sharing works agreement supports employers and works councils in making the new workplace model legally secure, fair and comprehensible. It provides orientation, protects employees and makes it easier to introduce and later use desk sharing in everyday life.

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, it is now time to implement a secure and easy-to-use software solution. This not only makes it easier for all employees to switch to desk sharing, but also ensures that processes function and are recorded digitally.

It is extremely important to have a provider at your side who goes hand in hand with data protection, ease of use and accessibility: Flexopus - The Workplace Management Software

Flexopus is subject to strict regulations, is hosted in Germany and a big advocate of data protection himself. For this reason, works councils across the country rely on Flexopus and the software is used in many areas of public life, critical infrastructure and within large DAX-listed companies.

With the option to assign equipment features per property, all employees are guaranteed access to height-adjustable tables, dual monitors or other assistance in everyday working life and there is no longer any conflict as to who needs which equipment and where.

Flexopus also offers several features in the areas of privacy, data protection and testing, which are equally satisfactory for the desk sharing works council and executive level.

privacy settings

• Comprehensive control over your own data: Users can make 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 a top priority

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

ISO 27001 certification

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

Regular audits

• Compliance review: Ensuring compliance with ISO 27001 and legal data protection requirements.
• Identification of weak points: Identify and address potential security risks early on.
• Continuous improvement: Using audit results to optimize processes and technologies.

Flexopus is therefore characterized by a variety of advanced Security and privacy features aus, die den Schutz der Privatsphäre der Nutzenden, den sicheren Umgang mit personenbezogenen Daten und die Einhaltung internationaler Standards gewährleisten. Mit umfangreichen Privatsphäre-Einstellungen, einem datenschutzfreundlichen Ansatz, einer ISO 27001-Zertifizierung und regelmäßigen Audits stellt Flexopus sicher, dass Unternehmen eine sichere und datenschutzkonforme Lösung für Desk Sharing und Büroorganisation erhalten. Diese Merkmale machen Flexopus zu einer vertrauenswürdigen Wahl für Unternehmen, die höchste Ansprüche an Sicherheit und Datenschutz stellen.

Zusammenfassung

Desk Sharing bringt Unternehmen viele Vorteile, wie Flexibilität und Kosteneinsparungen, erfordert aber auch eine sorgfältige Planung und Berücksichtigung der Mitarbeitendeninteressen. Der Betriebsrat hat eine wichtige Rolle bei der Einführung und Ausgestaltung des Desk Sharing-Modells, insbesondere in den Bereichen Gesundheitsschutz, Ergonomie, Datenschutz und Sicherheitsvorkehrungen.

Der Betriebsrat alleine kann die Einführung von Desk Sharing nicht verhindern, hat aber erheblichen Einfluss auf die Ausgestaltung, etwa durch Festlegung von Regeln und Überwachung der Umsetzung. Themen wie ergonomische Arbeitsplätze, IT-Sicherheit, Zugangskontrollen und die Einhaltung von Hygiene- und Datenschutzvorgaben stehen dabei im Fokus.

Eine sichere und datenschutzkonforme Lösung für Desk Sharing bietet die Shared Desk Software Flexopus. Diese zeichnet sich durch umfassende Privatsphäre-Einstellungen, einen datenschutzfreundlichen Ansatz, ISO 27001-Zertifizierung und regelmäßige Audits aus, was sie zu einer vertrauenswürdigen Wahl für Unternehmen macht, die hohen Wert auf Sicherheit und den Schutz der Mitarbeitenden legen.