Performance and behavior control
Facilities for the performance and behavior control of employees are subject to the co-determination obligation of the works council both when they are introduced and when they are used in Germany . The basis for this is Section 87 (1) No. 6 of the Works Constitution Act . In addition, the Basic Law and the Data Protection Act apply to companies with a works council as well as to companies without a works council . In the public service , the same applies analogously, here the staff council is responsible. The legal basis is then the respective staff representation law .
Technical facilities
Such technical devices are, for example, systems with the possibility of
- Video and sound recording,
- Performance measurements at computer workstations , e.g. B. automatic measurement of the text input speed (via keylogger or similar), mouse tracking ,
- Monitoring of employees who use trouble ticket systems (help desk systems, task tracking systems),
- Monitoring communication (e.g. email , telephone),
- Monitoring of information behavior ,
- Identification of phone callers and those called,
- Payment for meals in the canteen .
The protection of the personal rights of employees has a very high priority here. On the other hand, employers and customers of a company have a legitimate interest in the optimal use of the company's resources. Important instruments for this are technical facilities, for example to support quality management , to monitor customer satisfaction and to protect a company's intellectual property .
Instead of a categorical ban on the technical monitoring of the performance and behavior of employees, the legislature has therefore given employers and employees the opportunity to negotiate transparent, practicable and mutually acceptable solutions through works agreements between the management of a company and the works council of this company, insofar as essential legal solutions Protection regulations are observed. In the public sector, this applies accordingly to service agreements .
When drawing up works agreements, the procedural descriptions required under Art. 30 of the General Data Protection Regulation can be reused in many cases . In the case of service agreements, this applies accordingly to the respective state laws.
The area of behavior control is also affected by agreements that are intended to prevent employees or the company from using technical data processing equipment that is not in accordance with their intended purpose.
Social media
Employees can also be monitored via social media . As a rule, posts and comments can also be posted on company appearances on social media, which in turn can contain evaluations of the employee's behavior. The Federal Labor Court decided that the works council has a right of co-determination in such a case according to Section 87 (1) No. 6 BetrVG . He is to be heard before the introduction and has to agree.
See also
- Personnel information system
- Online monitoring
- Online search
- Internet use at work
- Big Brother Awards
swell
- ↑ Co-determination of the works council on the employer's Facebook page. In: Press Release No. 64/16. Federal Labor Court, accessed on February 5, 2016 (judgment of December 13, 2016).
