Works council
Employers process a lot of personal data of their employees. Some of this processing can be very intrusive, which is why taking privacy in the workplace into account is very important. The works council plays a major role in this.
On this page
The works council has a right of consent, a right of legislative initiative and a right to prior consultation. The Works Councils Act (WOR) stipulates the following:
- When the employer must ask the works council for consent or advice. The right of consent applies, among other things, to a regulation for the use of a staff tracking system.
- That the works council can decide on its own initiative about the use of personnel data. For example, due to complaints from employees.
Quick answers
How is my privacy guaranteed as a member of the works council?
Your employer may not open mail addressed to the works council. Your employer is also not allowed to monitor your telephone calls, email messages or Internet use.
But this only applies if the communication has to do with the works council’s activities. Outside of that, as a works council member, you are equal to regular employees.
Therefore, just like with any other employee, your employer may also check with you whether, for example, you are guilty of prohibited use of means of communication, such as visiting websites with inappropriate or illegal content.
What can we as a works council do to assess privacy regulations?
To properly assess regulations proposed by the employer, it is important that you as a works council are well prepared and that you ask the employer critical questions where necessary. The Works council privacy booklet will help you prepare.
Does the works council have any say in the appointment policy?
Yes. If an employer wants to establish, change or withdraw regulations in the field of recruitment policy, such as rules for the application procedure, the employer must request approval from the works council. The works council also has a say in the implementation of the regulations.
For example, the appointment policy may contain the following topics that have privacy aspects:
