Works council decisions via video conference
The world of work 4.0 is also moving into the works council activity. In times of the Corona crisis, not only works council meetings are permitted using a video or telephone conference . Decisions that are taken in such a session should also be effective.
At least Minister of Labor Hubertus Heil positions itself in an official declaration ( declaration by Minister of Labor and Social Affairs Hubertus Heil of March 23, 2020: Ministerial declaration to secure the ability to work for works councils with a view to COVID 19). In the exact wording it says:
Official declaration of the Minister of Labor
"The current situation around Covid-19 presents the entire working world with considerable challenges. Of course, this also applies to the work of the works councils.
However, such an exceptional situation cannot be an excuse to pass the works councils and in fact override their rights. I therefore appeal to employers and works councils: Finding fast and pragmatic solutions is currently the highest priority, please take this to take this into all your actions.
For the works councils, however, the question is increasingly arising: How can we still get together for a presence session in order to make the necessary decisions and make a contribution to coping with the effects of covid-19?
The normal case is that the works council members come together for a session; The use of video or telephone conferences is not explicitly provided for in the Works Constitution Act.
However, we cannot speak of such a normal case here, because we are dealing with an exceptional situation. We therefore believe that in the current situation, for example, if participation in a presence meeting leads to dangers to the life or health of the works council members or is not possible due to official orders, also participating in a works council meeting using a video or telephone conference, including online supports such as webex meetings or Skype. This applies both to the connection of individual works council members and a virtual works council meeting.
In our opinion, the decisions that are taken in such a session are effective. Because there cannot be a handwritten list of attendance in such a case, participation in the works council chairman should be confirmed in text form, for example by email.
The principle of the non-public must also be preserved at a video or telephone conference. It must therefore be ensured that unauthorized third parties do not take part in the session. (...) "
However, it is still unclear whether the courts will follow this interpretation.
Tip
As long as this has not yet been regulated by law, the employer submit the statement to the works council that he does not contest or will contest the works council decisions that may be possible for a possibly existing violation of statutory formal regulations.
limited to the duration of the Corona crisis .
In addition, this explanation should contain the indication that this procedure does not represent a precedent for the period after the Corona crisis ended.
Talk to us!
