Social networks

Works Council has Right of Co-Determination Concerning Employer’s Twitter Account

On September 13, 2018 the State Labour Court Hamburg (docket number 2 TaBV 5/18) ruled that works councils have a right of co-determination concerning the employer’s Twitter account in accordance with Sec. 87 Para. 1 No. 6 Works Constitution Act as Twitter is a technical device designed to monitor the behaviour or performance of the employees. The respondent in this trial is an employer which operates several cinemas in Germany. It created a Twitter account and tweets on a regular basis. The applicant – the established works council at the respondent – demands that the respondent refrain from using its …

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Co-determination right if the employer sets up and operates a Twitter account

In a judgment dated 13 September 2018 the Higher Labour Court of Hamburg (docket number 2 TaBV 5/18) ruled that if the employer operates a Twitter account, at least on the basis of the reply function, the (general) works council has a co-determination right according to section 87 para. 1 no. 6 Works Council Constitution Act (Betriebsverfassungsgesetz). The co-determination right does not require that the technical facility is designed to monitor the performance and behaviour of employees. It suffices that the possibility exists. Twitter is an American online news and social networking service on which users post and interact with messages known as …

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No codetermination regarding a customer feedback function within a smartphone app

On 8 June 2017 the Labour Court of Heilbronn decided that a smartphone application, provided and operated by an employer, allowing customers to share their feedback including statements about the performance and the behaviour of certain employees is not a surveillance tool according to § 87 I Nr. 6 BetrVG, if the employer does not ask for this kind of feedback and does not process the information further (judgement of the Heilbronn Labour Court dated 8 June 2017, docket number 8 BV 6/16). The employer, a company operating in the food retail business, runs an application that offers the possibility …

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The Works Council’s right of co-determination regarding the Employer’s Facebook presence

The German Federal Labour Court (Bundesarbeitsgericht) decided on 13 December 2016 that the Works Council has a right of co-determination when the employer’s Facebook page allows other users to post comments, which are related to the behaviour and performance of the employees. The employer operates a blood donor service. The doctors working at the blood donation events and all other employees wear name tags during their work. The employer’s Facebook page was established as a marketing strategy and gives users the option of posting comments. Some comments were made in relation to the staff’s behaviour and performance. The Works Council …

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