Works council: co-determination in time recording
If there is a works council in the company, a works agreement should be concluded with it and everything necessary should be regulated in it. The works council has a strong right of co-determination when it comes to working hours, but also has protection and monitoring duties to fulfill.
The exact regulations are set out in the following paragraphs:
After § Section 75 para. you are obliged to protect the personal rights of your employees. This means that care must be taken to ensure that unauthorized data is not collected and that the privacy of employees remains protected.
After § Section 16 para. 2 ArbZG you are also obliged to submit the records to the works council.
Handling data sensitively
Employees should be assured that the company handles the collected data sensitively. This includes ensuring that personal data can only be viewed by employees who are authorized to do so, is only stored for as long as necessary and is only recorded and used for time recording purposes.
The employee representatives have § Section 80 para. to ensure that the applicable law is complied with (including the lawfulness of data collection, processing and use of personal data, implementation of technical and organizational data protection measures, etc.) and it has a right of co-determination arising from § Section 87 para. and has a say in the introduction of technical access controls, for example.
