Ch 14.7 - Works councils
Works councils
Works councils represent employees and have rights under local law over how employee data is used; they often must safeguard employees' data protection and privacy rights. They are most active in , and ; the UK has no works councils and UK unions usually have no influence over employee-data use. Engagement takes three forms: , , or (a right of co-determination). Under the German Works Constitution Act 1972 a works council can object to employee monitoring devices.
| Mode | What it means | Binding? |
|---|---|---|
| Notifying | Inform the council about changes affecting working conditions | Information only |
| Consulting | Seek the council's view; it may issue an opinion | Employer may not be bound by the opinion |
| Seeking approval | Council may approve or reject decisions (co-determination) | Binding - rejection may mean a court challenge |
- Works councils are most active in France, Germany and Italy.
- The UK has no works councils, and UK unions usually have no influence over how employers use employee data.
- Under the German Works Constitution Act 1972, a works council has co-determination rights and can object to employee monitoring devices.
- A DPA may not approve processing until the works council has been involved.
- Failure to involve the council can make processing unlawful, let the council seek an injunction, and expose the employer to financial penalties.
Build in time
Factor in time to engage works councils. In strong-tradition jurisdictions, a DPA may not approve a processing operation until the works council has been involved.
Key terms - quick answers
What is “Works council”?
A body representing employees with local-law rights affecting employer use of employee data; often charged with safeguarding privacy rights.
What is “Right of co-determination”?
A works council's right to approve or reject certain employer decisions; rejection may force the employer to go to court.
What is “Works Constitution Act 1972”?
German law giving works councils co-determination rights, including the ability to object to employee monitoring devices.