Desk sharing in employment law: What you should consider

From an employment law perspective, there are several important points companies should consider regarding desk sharing to comply with legal requirements while safeguarding employee comfort and rights. 

Desk sharing is a flexible and modern solution that adds value for many companies – but only if implemented correctly. Let's take a closer look at what's relevant for desk sharing in your company from an employment law perspective.

Desk Sharing: Definition in the Employment Law Context

At a time when hybrid work models are becoming increasingly popular and many companies want to utilize their office space more efficiently, desk sharing is gaining increasing importance. But what exactly does it entail?

Desk sharing refers to a modern workplace model where employees do not have a fixed desk in the office, but rather share workstations as needed. For employers, this means that despite varying usage, clear legal frameworks must be adhered to, particularly regarding occupational safety, ergonomics, co-determination, and data protection.

Especially when your employees work partly from the office, but also spend some days in the home office , desk sharing is an ideal solution. However, its introduction requires clear employment law regulations to transparently define the rights and obligations of all parties involved.

However, this does not necessarily mean that employees who wish to work in the office on a particular day must spontaneously choose an available spot. By using desk management tools such as Flexopus you can optimize desk sharing in your company – because this allows your employees to reserve workstations in advance, which ensures efficient organization in the office.

As a workplace concept, desk sharing is particularly useful in companies with flexible work models or a high degree of project-based work. However, companies in a growth phase with rapidly increasing employee numbers also benefit from desk sharing. This allows you to react flexibly to the growing demand for workstations without immediately having to make large investments or rent more space. 

However, desk sharing not only contributes to more efficient use of office space but also simultaneously promotes collaboration and creative exchange – provided that employment law requirements are consistently taken into account.

Cultural Change Through Desk Sharing

Undoubtedly, desk sharing brings a breath of fresh air into the corporate culture, but must also be properly managed from an employment law perspective. When fixed workstations are exchanged for flexible ones, this means more than just a change in office structure. It promotes collaboration, as your team members will have new colleagues next to them daily, making it easier to engage in exchange.

Especially in Open Space Offices with desk sharing, workstations can ideally adapt to the specific tasks at hand: creative projects are tackled in suitable meeting rooms, while focused work is completed in quiet zones.

For companies that prioritize agility, innovation, and an open work atmosphere, desk sharing is an excellent option. It creates space for flexibility and dynamism, promotes interdisciplinary exchange, and shows employees that their needs and working styles are taken seriously. This fosters a motivating and vibrant company culture where new ideas and collaborations can flourish.

Desk Sharing and Labor Law: What to Watch Out For

As mentioned, flexibility is key to desk sharing, but this very flexibility also presents unique challenges that you shouldn't overlook. However, certain aspects of labor law can help you implement desk sharing legally within your company. 

The key is to leave nothing to chance and instead ensure seamless organization. This may sound complicated at first, but thanks to a few simple rules, it's easier than you might think:

Ergonomic Workstation

According to Section 3a of the Workplace Ordinance (ArbStättV) workplaces must be set up in such a way that health hazards for employees are avoided. Regardless of whether your employees change their workstation daily or not, as an employer, you remain responsible for ensuring that every workstation is ergonomically designed. 

Especially in the context of desk sharing, where workstations are used flexibly by multiple team members, this is not always easy. It is all the more important to provide height-adjustable desks, ergonomic chairs, and gentle lighting. Ensure that your employees have sufficient space and can individually adjust their work environment to prevent health complaints.

Works Council Co-determination 

In Germany, the co-determination of the works council is a crucial factor in significant changes such as the introduction of desk sharing. This is because, according to Section 87 (1) of the Works Constitution Act (BetrVG) the works council has the right to have a say in the design of workplaces and working hours – however, whether this right also applies to desk sharing is not entirely clear.

To be on the safe side, it's still advisable to seek dialogue with your works council early on and find a solution that involves all parties. Open communication and trust help you create a hybrid work environment, where desk sharing can be successfully integrated.

Data Protection and Data Security

Data protection and data security also play a central role in desk sharing. As a company, you must ensure that the confidentiality and integrity of sensitive data are maintained at all times, even when your employees flexibly share workstations and equipment.

According to the General Data Protection Regulation (GDPR) you are obliged to process and store personal data in such a way that it is protected from unauthorized access. Accordingly, an important requirement of the GDPR is to implement technical and organizational measures that ensure data protection.

To ensure this, employee awareness is essential. Therefore, offer regular training to ensure that all employees understand the risks and know how to act to meet legal requirements. 

Clean Desk Policy

For companies with desk sharing models, a Clean Desk Policy is essential. Such a policy ensures that every team member leaves their desk tidy after each use and that all documents are securely locked away. Because a clean workspace reduces the risk of confidential information being lost or falling into the wrong hands.

A well-thought-out Clean Desk Policy is not just a matter of tidiness, but a central element of data protection and compliance with legal requirements. By ensuring that sensitive information is always securely stored, you protect your company from potential legal consequences and strengthen the trust of your customers and employees.

Flexopus: Secure and Compliant in Hybrid Work Environments

In an era where data protection and legal compliance are non-negotiable, Flexopus offers exactly what modern companies need: security and trust. But Flexopus isn't just any desk sharing software – it's a solution specifically developed for the demands of hybrid work environments.

With Flexopus your teams can book workstations, meeting rooms, and parking spaces. But that's not all, because another highlight of Flexopus is the ability to protect your employees' privacy. Thanks to sophisticated privacy settings, such as hiding real names or individual privacy settings, you retain control over sensitive information.

In addition to digital support, we also assist you with workshops where we develop tailored concepts for implementing desk sharing together with you. These workshops help you optimally integrate Flexopus into your daily business operations and raise your employees' awareness for the secure use of the new technology.

Made and hosted in Germany, Flexopus complies with the strict requirements of the General Data Protection Regulation (GDPR) and is ISO 27001 certified. This certification is regularly reviewed through audits to ensure that Flexopus always meets current standards and the high demands of our customers – so you don't have to worry about data protection.

In addition, we conduct continuous training for our employees, ensuring that comprehensive data protection is not just on paper, but embedded in every action.

With Flexopus, you choose a desk sharing solution that complies with labor law and combines security, efficiency, and data protection – for a hybrid work environment you can rely on.

Conclusion on Desk Sharing and Labor Law

Desk sharing can be a win for your company – but only if it is implemented considering all labor law aspects. From ergonomic design and data protection measures to compliance with employment contract provisions – careful planning and the involvement of all stakeholders are key to the successful and legally compliant use of desk sharing.