Many companies introduce desk sharing without involving the works council in time. This can prove costly. Since the ruling by the Baden-Württemberg Higher Labor Court (LAG) in August 2024, it is clear: certain regulations regarding desk sharing are subject to mandatory co-determination. Ignoring this risks arbitration proceedings, delays, and poor team morale. Conversely, those who conclude a solid works agreement early on create legal certainty, increase employee acceptance, and lay the foundation for a successful flexible office concept. This article outlines what belongs in a desk sharing works agreement, which sections are relevant, and how a digital booking system facilitates implementation.
Key takeaways
- While a works agreement for desk sharing is not legally mandatory in every aspect, it is highly recommended in practice.
- In August 2024, the Baden-Württemberg Higher Labor Court ruled that regulations concerning the storage of personal items and the use of space are subject to co-determination under Section 87 (1) No. 1 of the Works Constitution Act (BetrVG).
- Digital booking systems can trigger co-determination rights under Section 87 (1) No. 6 of the Works Constitution Act (BetrVG) and must be designed to be GDPR-compliant.
- A comprehensive works agreement covers at least: booking rules, clean-desk policy, ergonomic standards, data protection, and special requirements.
Are companies required to conclude a works agreement for desk sharing?
A works agreement for desk sharing is not always legally required, but it is almost impossible to avoid in practice. As soon as a works council exists, the right of co-determination applies to key areas of the concept. Without an agreement with the works council, implementation can be forced through an arbitration committee—which costs time and nerves.
If there is no works council, the employer can generally introduce desk sharing via their right to issue instructions. A written policy is still recommended: it creates transparency, prevents conflicts, and strengthens employee trust. Anyone who has already weighed the pros and cons of desk sharing and is committed to its introduction should establish a sound legal basis from the start.
What does the current ruling say? The 2024 Baden-Württemberg Higher Labor Court decision
In August 2024, the Baden-Württemberg Higher Labor Court issued an important ruling that provides clarity for many companies.
The ruling of August 6, 2024 (21 TaBV 7/24) states that desk sharing and clean-desk policies are not, in themselves, subject to full co-determination. The decision to introduce flexible working arrangements lies solely with the employer.
However, specific regulations that affect workplace conduct are subject to co-determination. According to the court, these include:
- Guidelines for the storage of employees' personal belongings
- Rules for the shared use of workspaces and break areas
- Determinations regarding which areas may be used, by whom, and when
For employers, this means the basic concept can be designed freely. However, as soon as it comes to the specific implementation of daily office life, the works council must be involved pursuant to Section 87 (1) No. 1 of the Works Constitution Act (BetrVG).
Which sections of the law apply to desk sharing?
Three sections of the Works Constitution Act can be relevant for desk sharing: Section 87 (1) No. 1 concerns the order of the workplace and employee conduct, Section 87 (1) No. 6 applies to technical equipment that could monitor behavior or performance, and Section 87 (1) No. 14 applies to mobile work performed using information and communication technology.
Section 87 (1) No. 1 BetrVG is the most common point of reference. It applies whenever rules for daily workplace operations are established.
Section 87 (1) No. 6 BetrVG becomes relevant as soon as a digital desk booking system is introduced. Such systems can, in principle, collect behavioral data — and this triggers the right of co-determination, even if no monitoring is intended.
Section 87 (1) no. 14 of the Works Constitution Act (BetrVG) was newly added by the Works Council Modernization Act. It grants the works council an enforceable right of co-determination regarding the "how" of mobile work, provided that ICT equipment is used.
What should be included in a works agreement on desk sharing?
A comprehensive works agreement for desk sharing covers at least six areas: booking rules and processes, a clean-desk policy, minimum ergonomic standards, data protection for the booking system, special provisions for specific needs, and a dispute resolution procedure.
Booking rules: How is a workstation reserved? How far in advance? What happens in the event of a no-show? Clear rules prevent conflicts and ensure fair utilization. How desk sharing in the office can be sensibly planned in zones directly influences how detailed the booking rules need to be.
Clean-desk policy: Employees must clear their workspace completely after use. Regarding personal items, this regulation is subject to mandatory co-determinationfollowing the 2024 ruling by the Higher Labor Court.
Ergonomic standards: Height-adjustable desks, suitable chairs, sufficient screen distance — these minimum standards also apply to rotating workstations. The works agreement specifies how compliance is ensured.
Data protection: The booking system may only collect data that is necessary for workstation allocation. No analysis of attendance times for performance monitoring.
Special requirements: Employees with specific needs (e.g., chronic illnesses, severe disabilities) are provided with fixed or priority desk assignments. This protects against discrimination and strengthens compliance.
Dispute resolution: What happens if a desk is double-booked? How are complaints handled? A clear escalation policy prevents lengthy discussions.
Practical guidance is provided by template works agreements for mobile working, which can be easily adapted for desk sharing.
Data protection in the booking system: What the works agreement must regulate
A digital booking system significantly simplifies the introduction of desk sharing. At the same time, it processes personal data, which requires clear rules.
The works agreement should at least specify the following:
- What data the system collects (name, booking period, area — nothing more)
- How long booking data is stored (recommended: a maximum of 30 days after use)
- Who has access to the data (facility management yes, direct supervisors no)
- That analysis of individual usage behavior is prohibited
Following the principle of data minimization the system may only collect what is necessary for organizing desk assignments. Anything beyond that is impermissible, regardless of whether an analysis is actually planned.
How OfficeEfficient simplifies implementation
A works agreement establishes the legal framework. Digital desk booking ensures that this framework is adhered to in everyday operations.
OfficeEfficient allows you to map booking rules, time slots, and zone assignments directly within the platform. Employees book their desks via app or browser. The system only captures booking-relevant data and cannot perform individual performance monitoring — GDPR-compliant from the start.
Works councils appreciate the transparency: utilization reports show aggregated figures, not individual profiles. This makes it easy to demonstrate that the system is being operated within the agreed framework. The entire Workplace management platform not only supports desk booking, but also room booking, visitor management, and more.
If you want to introduce desk sharing in a legally compliant way, you can find all information about our packages and terms on our pricing page .
Conclusion
A works agreement for desk sharing is not a bureaucratic hurdle, but an investment in a smooth implementation. The 2024 regional labor court ruling clarified where the works council's co-determination rights begin. By understanding this framework, you can work with the works council to develop an agreement that protects everyone involved: the employer, the works council, and the employees.
A GDPR-compliant booking system is the essential tool for this. It automatically implements the rules of the works agreement and creates the necessary transparency for all parties. Find out now how OfficeEfficient helps you introduce desk sharing in your company in a structured and legally compliant manner.
Frequently asked questions
Is a works agreement mandatory for desk sharing?
A works agreement is not legally required in every case. However, if a works council exists, certain regulations regarding desk sharing are subject to co-determination under the Works Constitution Act (BetrVG). In practice, a written works agreement is always recommended to avoid conflicts and ensure legal certainty.
What did the Baden-Württemberg Regional Labor Court decide regarding desk sharing in 2024?
In its ruling from August 6, 2024 (21 TaBV 7/24) , the Baden-Württemberg Regional Labor Court determined that desk sharing and clean-desk policies are only partially subject to co-determination. Specifically, regulations concerning the storage of personal items and the use of workspaces are subject to co-determination under Section 87 (1) No. 1 of the Works Constitution Act.
Does the desk sharing booking system have to be GDPR-compliant?
Yes. Digital booking systems process personal data and must comply with GDPR requirements. This means: data minimization, clear purpose limitation, and no use for monitoring the performance of individual employees. The works agreement should explicitly stipulate these requirements.
What happens if there is no works council?
If there is no works council, the employer can generally introduce desk sharing through their management authority. A written policy—such as a guideline or company instruction—is still recommended. It creates transparency and prevents future disputes.
Can employees refuse the introduction of desk sharing?
Generally no, provided the employer is exercising their right to issue instructions and desk sharing does not exceed the scope of the employment contract. Exceptions apply to employees with specific protection needs, such as those with a recognized severe disability. These cases should be explicitly addressed in the works agreement.
