Desk Sharing and Labor Law: Important Regulations Simply Explained

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Desk sharing and labor law: What business owners need to know

In today's working world, flexible workplace models such as desk sharing are becoming increasingly important. Desk sharing makes it possible to optimize the use of office space by allowing employees to occupy workstations as needed rather than having fixed desks. This concept can reduce costs and promote collaboration. However, before businesses introduce desk sharing, it is important to be aware of labor law aspects in order to avoid legal pitfalls.

An overview of important labor law regulations

  • Employment contract regulations: Existing employment contracts should be checked for clauses regarding fixed workplaces; if necessary, changes should be made by mutual agreement.
  • Co-determination of the works council: The works council has a right of co-determination when desk sharing and technical booking systems are introduced.
  • Data protection: Ensuring the protection of personal data, especially when using booking systems and handling confidential documents.
  • Occupational safety: Every workplace must meet ergonomic standards and regular risk assessments must be carried out.
  • Protection of personal rights: Losing a personal workplace must not lead to stress or restrictions on privacy.

Detailed explanations of the labor law aspects

1. Employment contract regulations

The introduction of desk sharing requires a thorough review of existing employment contracts. These often contain explicit or implicit regulations regarding the workplace or fixed workplaces.

The following key points should be noted:

  • Fixed workplace clauses: If a specific workplace or fixed room is mentioned in the employment contract, desk sharing cannot be implemented without the consent of the employee. A change can only be made by mutual agreement or, if necessary, by a change notice.
  • Mutually agreed adjustments: Employers should enter into dialog with employees at an early stage and agree on adjustments by mutual consent. This not only promotes acceptance, but also reduces legal conflicts.
  • Flexible working clauses: If flexible working models are already provided for in the contract, such as “changing work locations”, this can make it easier to introduce desk sharing.

2. Co-determination of the works council

The Works Constitution Act grants the works council a right of co-determination under certain circumstances. The introduction of desk sharing falls under this to some extent, but many regulations are controversial.

  • § 87 para. 1 no. 1 BetrVG: § 87 para. 1 no. 1 BetrVG regulates the co-determination of the works council in the organization of the company. However, it is debatable whether desk sharing falls under this, as the Higher Labor Court (Landesarbeitsgericht) Düsseldorf classifies it as work behavior.
  • § 87 para. 1 no. 6 BetrVG: § 87 para. 1 no. 6 BetrVG concerns technical facilities such as booking systems, although it is disputed whether their use in desk sharing without a monitoring function triggers a right of co-determination.
  • Sec. 87 para. 1 no. 7 BetrVG: This paragraph regulates health and safety, but the Higher Labor Court of Baden-Württemberg rejected a right of co-determination for desk sharing, as there is no specific risk to employees.

3. data protection

Desk sharing creates new challenges in the area of data protection, as employees' personal data is processed by technical systems or organizational measures. Compliance with the GDPR is essential:

  • Processing personal data: systems for booking workplaces may only store the minimum amount of data required (e.g. name, booking period).
  • Confidentiality of documents: employees must be able to store sensitive documents such as contracts, customer data or personal items securely. This requires lockable cabinets or compartments for each employee.
  • Inspection: employees have a right to transparency regarding what data is stored and how it is used.
  • Training: Employees and managers should be trained in the data protection-compliant use of booking systems and work materials.

4. Occupational safety

The Occupational Safety and Health Act (Section 5 ArbSchG) obliges employers to ensure the safety and health of their employees. These obligations also apply without restriction to desk sharing. The important aspects here are:

  • Ergonomics: Each workplace must be set up ergonomically. This means: height-adjustable desks and chairs, monitors that can be individually adjusted, lighting that meets the requirements of screen work.
  • Individual adjustment: Since the workplaces are used by different employees every day, it should be easy to adjust them ergonomically, e.g. by using pre-set profiles or standardized work materials.
  • Risk assessment: Regular analysis of working conditions is mandatory.
  • Hygiene: Shared use of workplaces requires special hygiene measures, especially in times of increased risk of infection (e.g. pandemic-related regulations).

5. Safeguarding personal rights

Desk sharing can affect employees' personal well-being. Losing a fixed workplace can lead to feelings of insecurity or stress. Employers must take measures to minimize these risks:

  • Scope for design: Employees should continue to have the option of storing personal items such as photos or work materials in a designated area (e.g. in lockers or drawers).
  • Opportunities for retreat: Desk sharing can lead to a feeling of being watched or a lack of privacy. Employers should provide rooms for retreat or “quiet zones” where concentrated work is possible.
  • Psychological support: The changeover to a flexible workplace model can result in psychological stress. Services such as anonymous counseling centers or regular feedback sessions can help employees cope with this.
  • Participation: Involving the workforce in the planning process and giving them the opportunity to express their concerns and wishes helps to ensure that the desk sharing model is perceived as positive.

Conclusion: How to implement desk sharing in a safe and legally sound manner

Desk sharing offers companies the opportunity to react flexibly to new requirements and to use resources efficiently. However, without careful planning and consideration of labor law aspects, legal and organizational problems can arise. Entrepreneurs should therefore not only observe the legal requirements, but also take measures to protect the interests and well-being of employees. With a well-thought-out strategy and transparent communication, desk sharing becomes a model that benefits everyone involved.

Please note: Our content is provided for information purposes only and does not constitute legal or tax advice. All content is compiled with the utmost care. However, it does not replace binding advice and does not claim to be correct or complete. No liability is accepted. For individual advice, please contact a lawyer or tax advisor.