Glossary A–ZLetter C
Co-determination (works council)
Co-determination means that the works council must consent to certain decisions by the employer before they are implemented.
In Germany this is governed by the Works Constitution Act (BetrVG). For screens in the workplace it becomes an issue mainly when technology can record the conduct or performance of employees.
The Act gives the works council a right of co-determination over technical equipment that is capable of monitoring the conduct or performance of employees. What counts is the capability, not the intention. A screen showing performance figures for individual teams or people, a camera on a display, or a log of who changed content and when can all fall under this. In practice it is settled in a works agreement.
Operators should involve the works council early, ideally at the planning stage and not just before switching on. A works agreement sets out which data is collected, how long it is stored and what it is used for. Pure information such as canteen menus, dates or safety notices does not usually trigger this right of co-determination, as long as no data about employees is generated in the process.