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Desk sharing and works council: What should you consider?

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Desk sharing is on everyone's lips at the moment. This may not come as too much of a surprise, as the advantages are obvious: more flexibility, savings on rent and energy costs, less overcrowded offices and demonstrably more satisfied employees are just a few of the reasons why many companies and organizations are now relying on the shared desk concept and New Work.
However, it is also clear that a cultural change of this kind cannot be adopted without a whole series of regulations. Depending on the size of the company, many important factors come into play here that businesses must consider. Desk sharing co-determination by the works council is essential at this level.
We briefly summarize what desk sharing, works councils and the co-determination of the works council in desk sharing can look like:
- In general, the works council cannot prevent the decision as to whether your company introduces desk sharing (decision of the Federal Labor Court of 17 November 2021 (case no. 7 ABR 18/20)
- However, the works council can have a great influence on the nature of the procedure and the associated changes
- Health protection issues such as ergonomic workplaces, standing desks, separate screens and input devices fall within the remit of the works council
- Hygiene rules for sharing a workplace should be applied as a guideline
- Data protection must be guaranteed in the workplace
- Existing works agreements must either be maintained or amended
Desk sharing co-determination of the works council

As already mentioned at the beginning, there are some points in which the works council can have co-determination in shared desks. In order to go into a little more detail, it is worth examining the individual points in more detail. It's also clear that not everything that might bother employees is a reason for the works council to have a say in desk sharing.
Protection of employees
The protection of employees is a central concern of the works council when introducing desk sharing. The works council must ensure that working conditions continue to comply with legal requirements and that the health and well-being of employees are not compromised. This includes in particular the following aspects:
- Ergonomics: Even with desk sharing, the workstations must be ergonomically designed to avoid health problems. The works council can require that employees have access to ergonomically suitable chairs, tables and screens.
- Personal needs: Desk sharing means that employees no longer have a fixed workplace. The works council must ensure that individual needs, such as special work equipment or personal adjustments, are taken into account.
- Data protection: When desk sharing, there is a risk that sensitive personal data remains unprotected. The works council must ensure that sufficient data protection measures are in place to protect the confidentiality of employees.
Safety precautions
Security precautions also play an important role when introducing desk sharing. The works council is responsible for ensuring that safety standards continue to be adhered to within the company. This includes:
- Access controls: Since employees use different workstations, the works council must ensure that unauthorized persons do not have access to the workstations and the sensitive information stored there.
- IT security: Due to the flexible workplaces, IT security can be compromised, e.g. due to unsecured computers or exposed cables. The works council must ensure that measures are taken to minimize such risks, for example through the use of encrypted networks or the obligation to always lock computers when they are not in use.
- Workplace safety: Since desk sharing can lead to workstations being rearranged on a daily basis, the works council must ensure that this does not lead to safety risks, for example due to poorly laid cables or improperly used work equipment.
Influence of the works council on shared desk
The works council has co-determination rights according to Section 87 (1) Nos. 1 and 7 of the Works Constitution Act (BetrVG) regarding the introduction of desk sharing. From a legal perspective, a number of things must be taken into account before desk sharing can be approved by the works council.
- Co-determination in the introduction: The works council has the right to help shape the introduction of desk sharing. It can establish conditions and regulations to ensure that the interests of employees are protected.
- Participation in the design: The works council can influence the concrete design of the desk sharing model, e.g. by setting rules for the use of workstations, reservation systems or measures to avoid conflicts between employees.
- Monitoring implementation: Even after the introduction of desk sharing, the works council has the right and the duty to monitor compliance with the agreements made and, if necessary, to request adjustments if problems arise for employees.
In summary, the works council plays a crucial role in the introduction of desk sharing to ensure that employee protection is guaranteed, safety precautions are taken and the interests of the workforce are fully taken into account.
Flexopus: The secure solution for your company

Now that we have established that the works council has a significant influence on the introduction of desk sharing in the company, it is now time to implement a secure and easy-to-use software solution. This not only makes it easier for all employees to transition to desk sharing, but also ensures that processes function and are recorded digitally.
It is extremely important to have a provider at your side where data protection, ease of use, and accessibility go hand in hand: Flexopus - The Desk Sharing Solution!
Flexopus is subject to strict regulations, is hosted in Germany and is itself a strong advocate of data protection. For this reason, works councils across the country rely on Flexopus and the software is used in many areas of public life, critical infrastructure and within large DAX-listed companies.
With the option to assign equipment features per object, all employees are guaranteed access to height-adjustable tables, dual monitors or other aids in their daily work, and there are no longer any conflicts about who needs which equipment features in which place.
Furthermore, Flexopus offers a number of features in the areas of privacy, data protection and testing that satisfy both the works council and the management team when it comes to desk sharing.
Privacy Settings
- Comprehensive control over your own data: Users can set detailed privacy settings.
- Control options: Users decide which information (e.g. availability, location) is visible to others.
- Customizability: Individual adjustment of the visibility of bookings and personal data.
Data protection is our highest priority
- Data minimization: Collecting only necessary data to minimize data protection risks.
- Anonymization and pseudonymization: Protection of personal data through anonymization where possible.
- Secure data processing: Encrypted transmissions and secure storage procedures to prevent unauthorized access.
ISO 27001 - Certification
- Risk management: Continuous identification, assessment and minimization of security risks.
- Systematic monitoring and improvement: Regular review and adjustment of security measures.
- Building trust: ISO 27001 as a quality feature and proof of trust for companies.
Regular audits
- Compliance review: Ensuring compliance with ISO 27001 and legal data protection requirements.
- Vulnerability identification: Early detection and remediation of potential security risks.
- Continuous improvement: Use of audit results to optimize processes and technologies.
Flexopus is characterized by a variety of advanced security and data protection features that ensure the protection of user privacy, the secure handling of personal data and compliance with international standards. With extensive privacy settings, a data protection-friendly approach, an ISO 27001 certification and regular audits, Flexopus ensures that companies receive a secure and data protection-compliant solution for desk sharing and office organization. These features make Flexopus a trusted choice for companies that demand the highest levels of security and data protection.

Summary
Desk sharing brings many benefits to companies, such as flexibility and cost savings, but also requires careful planning and consideration of employee interests. The works council plays an important role in the introduction and design of the desk sharing model, particularly in the areas of health protection, ergonomics, data protection and security precautions.
The works council alone cannot prevent the introduction of desk sharing, but it has considerable influence on its design, for example by setting rules and monitoring implementation. The focus is on topics such as ergonomic workplaces, IT security, access controls and compliance with hygiene and data protection regulations.
The shared desk software Flexopusoffers a secure and data protection-compliant solution for desk sharing. It is characterized by comprehensive privacy settings, a data protection-friendly approach, ISO 27001 certification and regular audits, making it a trustworthy choice for companies that place high value on security and employee protection.
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