Desk sharing in employment law: What you should consider

From an employment law perspective, there are some important points companies should consider when it comes to desk sharing to avoid legal issues while protecting the comfort and rights of their employees. 

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

Desk sharing definition

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

Desk sharing is a concept in the modern working world in which employees do not have a fixed desk in the office, but share workstations as needed. Especially when your employees work partly from the office but also spend some days in the home office, desk sharing is an ideal solution.

But that doesn't necessarily mean that employees who want to work in the office on a particular day have to spontaneously choose an available space. By using desk management tools such as Flexopus you can optimize desk sharing in your company – because you enable your employees to reserve workstations in advance, which ensures efficient organization in the office.

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As a workplace concept, desk sharing is particularly useful in companies with flexible working models or a high level of project work. But companies that are in a growth phase and whose number of employees is increasing rapidly also benefit from desk sharing. This allows you to respond flexibly to the increasing demand for workspaces without having to make major investments or rent more space immediately. 

Desk sharing not only contributes to more efficient use of office space, but also promotes collaboration and creative exchange. If you rely on modern working methods and want to make optimal use of your resources, desk sharing is definitely worth considering.

Cultural change through desk sharing

There is no doubt that desk sharing brings a breath of fresh air into corporate culture. When fixed workstations are exchanged for flexible spaces, it means more than just a change in the office structure. It promotes collaboration because your team members have new colleagues next to them every day, making it easier to communicate with each other.

Especially in open-space offices , desk sharing allows workstations to be ideally adapted to the respective tasks: Creative projects are tackled in suitable meeting rooms, while concentrated work is carried out in quiet zones.

For companies that value agility, innovation and an open working 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 creates a motivating and vibrant corporate culture in which new ideas and collaborations can flourish.

Desk sharing in employment law: What you need to pay attention to

As already mentioned, flexibility is the key to desk sharing, but this flexibility also brings with it special challenges that you should not ignore. However, there are some aspects of labor law that can help you implement desk sharing in your company in a legally compliant manner. 

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 workplace

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

This is not always easy, especially in the context of desk sharing, where workstations are used flexibly by several team members. This makes it all the more important to provide height-adjustable tables, ergonomic chairs and gentle lighting. Ensure that your employees have enough space and can individually adapt their work environment to prevent health issues.

Co-determination of the works council 

In Germany, the participation of the works council is a decisive factor in important changes such as the introduction of desk sharing. Because according to § 87 para. 1 BetrVG, the works council has the right to have a say in the design of workplaces and working hours – however, it is not entirely clear whether this right also applies to desk sharing.

If you want to be on the safe side, it is still advisable to seek dialogue with your works council at an early stage and find a solution that involves all parties involved. Through open communication and trust, you create a hybrid working environmentin which 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 is maintained at all times, even if your employees share workstations and work equipment flexibly.

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 take technical and organizational measures to ensure data protection.

To guarantee this, raising awareness among your employees is essential. Therefore, provide regular training to ensure that all employees are aware of the risks and know how to behave to meet legal requirements. 

Clean Desk Policy

For companies with desk sharing models, a Clean Desk Policy is essential. Such a policy ensures that each team member leaves their desk tidy after each use and that all documents are securely locked. A clean workplace 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 order, but a central element of data protection and compliance with legal requirements. By ensuring that sensitive information is always kept secure, you protect your company from potential legal consequences and strengthen the trust of your customers and employees.

Flexopus: Secure and legally compliant in hybrid working life

In a time when data protection and legal compliance are non-negotiable, Flexopus offers exactly what modern companies need: security and trust. But Flexopus is not just any desk sharing software – it is a solution specifically designed for the needs of hybrid working.

With Flexopus, your teams can book workstations, meeting rooms and parking spaces. But that’s not all, another highlight of Flexopus is the ability to protect the privacy of your employees. 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 support you with workshops in which we work with you to develop tailor-made concepts for the introduction of desk sharing. These workshops will help you to optimally integrate Flexopus into your daily business and to sensitize your employees to the safe use of the new technology.

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

In addition, we provide ongoing training for our employees so that comprehensive data protection is not just on paper, but is embedded in every single action.

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

Conclusion on desk sharing in employment law

Desk sharing can be a benefit for your company – but only if it is introduced taking all employment law aspects into account. From ergonomic design to data protection measures to compliance with employment contract provisions – careful planning and the involvement of all parties involved are the key to a successful and legally compliant desk sharing concept.