Co-Determination Rights of the Works Council in Desk Sharing: Opportunities and Practical Tips for Successful Implementation

Introduction

In the modern workplace, flexible workspace models like desk sharing and clean-desk policies are gaining significant importance. By implementing these models, companies can use office space more efficiently, reduce costs, and lower their carbon footprint. However, the success of such concepts depends heavily on careful planning and the early involvement of all stakeholders.

At ReCoTech, we often see how crucial a strategic and transparent approach is when implementing desk-sharing models. Our experience shows that considering both employee needs and legal requirements is essential to achieving sustainable benefits.

In this article, we provide a practical overview of the legal framework and share proven tips for successfully implementing a desk-sharing concept.

1. Co-Determination Rights of the Works Council: Legal Basis for Desk Sharing and Clean-Desk Policies

A central aspect in introducing desk sharing and clean-desk policies is the co-determination right of the works council. According to Section 87 (1) No. 1 of the German Works Constitution Act (BetrVG), the works council has a right to co-determination in regulations concerning workplace order and employee behavior. This also includes rules on the use of workstations and the handling of personal items.

Recent rulings, such as the Regional Labor Court of Baden-Württemberg, clarify that desk-sharing and clean-desk policies are not automatically subject to co-determination. However, specific aspects, such as the storage of personal items and the dual use of break and workspaces, are subject to co-determination.

Case Study: Desk Sharing as Part of a New Office Concept

In a project we supported, a company introduced desk sharing without sufficient involvement of the works council. While the Labor Court initially ruled that the regulations affected the non-co-determinable work behavior, the Regional Labor Court concluded that the works council has a co-determination right on certain aspects.

Our Insight: This example highlights the importance of a differentiated approach and the early involvement of the works council. Only in this way can legal conflicts be avoided and successful implementation ensured.

2. Practical Tips for Successfully Implementing Desk Sharing and Clean-Desk Policies

From our experience, the introduction of desk sharing is more than just an organizational change. It requires a shift in mindset and adaptation of the work culture. Here are our proven tips:

Tip 1: Early Involvement of the Works Council

We recommend involving the works council from the very beginning. Open dialogue builds trust and fosters acceptance of the new concept. Early involvement addresses potential concerns and enables joint problem-solving.

Tip 2: Transparent Communication Concept

Clear and transparent communication is key to success. Our experience shows that a comprehensive information program—such as info sessions, workshops, and written guidelines—helps inform and engage employees. It should be clearly communicated what rules apply and what benefits the new model offers.

Tip 3: Implement Flexible Booking Systems

An efficient booking system simplifies organization and reduces uncertainties. We use user-friendly tools that allow employees to quickly and easily reserve workstations. This promotes acceptance and ensures smooth operation.

Tip 4: Clear Rules and Clean-Desk Policy

Clear rules for workspace use are essential. A clean-desk policy helps keep workspaces available and usable at all times. We recommend developing these rules with employees to create acceptance and consider individual needs.

Tip 5: Flexibility with Remote Work

In times of increasing remote work, it can make sense for employees to give up their permanent desk if they regularly work from home. We have had positive experiences by establishing clear agreements and emphasizing the flexibility this model offers. This not only increases the efficiency of office space usage but also promotes employee satisfaction.

Tip 6: Consideration of Employee Needs in Office Design

A thoughtful office design that considers employee needs is essential. We prioritize:

• Acoustically separated areas for focused work
• Quiet zones for concentrated work
• Comfortable break areas for relaxation

Our experience shows that need-oriented design significantly enhances satisfaction with desk-sharing concepts.

Tip 7: Regular Risk Assessments and Feedback Loops

Desk sharing changes the work environment, so regular risk assessments are important. We conduct feedback rounds to make ongoing improvements and respond to employee needs. An open feedback culture helps maintain long-term success of the model.

3. Economic and Environmental Benefits of Desk Sharing

Desk sharing offers not only organizational benefits but also economic and environmental advantages.

Cost Savings and Tax Optimization

By using office space more efficiently, companies can achieve significant cost savings. We have assisted companies in significantly reducing their rental and operating costs. In addition, unused spaces can be repurposed or rented, generating additional income and tax benefits.

CO₂ Reduction Through Reduced Space Usage

Less office space also means lower energy consumption. We help companies reduce their carbon footprint by implementing sustainable workspace models. Less commuting through flexible working also contributes to CO₂ reduction.

Repurposing Unused Buildings

Companies can repurpose freed-up space for new uses, such as collaborative spaces or innovation labs. This not only promotes company culture but also contributes to sustainable urban development. We see this as a major opportunity for companies to position themselves for the future.

Conclusion: Desk Sharing as a Sustainable Future Model

We are convinced that desk sharing and clean-desk policies are forward-looking concepts that help companies work more efficiently and sustainably. Through early involvement of the works council, transparent communication, and consideration of employee needs, such a model can be successfully implemented.

The economic and environmental benefits should not be underestimated. Companies can save costs, use space more efficiently, and contribute to environmental protection. At the same time, employees benefit from a more flexible and modern work environment.

Final Word

The introduction of desk sharing requires careful planning and implementation. We at ReCoTech advise companies on this journey, sharing our practical experience. With the right strategy and the combined effort of all stakeholders, desk sharing can be a win for everyone.

About ReCoTech

We at ReCoTech specialize in supporting companies in the implementation of modern workspace models. Our focus is on sustainable and employee-centered solutions that offer both economic and environmental benefits.

Contact us to learn more about how we can support you in successfully implementing desk-sharing concepts.