The continuing rapid advance of digitalization is making it necessary for companies to introduce complex technical systems. In addition to platform technologies (e.g., Microsoft 365), these also include human resources management systems (e.g., Personio, Workday, SAP).
The introduction of such systems is not a problem for companies as long as they are not subject to co-determination. However, if a company has a works council, it is subject to co-determination in accordance with Section 87 (1) No. 6 of the Works Constitution Act (BetrVG). Negotiations in this regard are often not without conflict, as evidenced by the increasing number of conciliation committees dealing with IT issues.
The article
“Current challenges in IT co-determination – On the ineffectiveness of exploitation bans in works agreements”
published by Manfred Confurius together with Christoph Löbig and Roja Erdmann in the journal RdA, Recht der Arbeit, issue 6/2025, C.H.Beck-Verlag.
Contact:
Manfred Confurius