S 2.40 Timely involvement of the staff/factory council

Initiation responsibility: Head of Organisation, Head of IT

Implementation responsibility: Personnel Department

The personnel representative must consent to all safeguards enabling the monitoring of the behaviour or performance of employees, for example logging, as a matter of principle. Safeguards that are actually suitable for use in monitoring the behaviour or performance of an employee also require the consent of the personnel representative. In Germany, this is based on the state and federal Works Constitution Act and the Staff Representation Act. It is not always necessary to involve the personnel representative in other countries. However, it is recommended in general to inform the personnel or supervisory board promptly and in full because this can prevent delays in the implementation of safeguards relating to the area of information security.

If it is already suspected that a security incident (see module S 1.8 Handling of security incidents) was caused by an internal employee and a corresponding investigation will be conducted that could lead to sanctions, then the right of participation of the personnel and supervisory board absolutely must be observed. Depending on the seriousness of the incident, not allowing the employee representatives proper participation may make any further action (possibly even including proceedings in a Labour Court) for issuing a warning or terminating employment much more difficult due to technicalities.

Large outsourcing service providers report from practice that involving the personnel representative of the client early, even as early as the offer phase, if possible, can contribute significantly to the success of the project. The willingness of the employees to make changes, their motivation, their level of work satisfaction, and the speed with which the project can be completed can all be positively influenced by the cooperation of all parties involved.

Review questions:

• Is the personnel representative informed promptly of all procedures and projects affecting the personnel?