How can the work council influence desk sharing?

The Works Constitution Act (BetrVG) provides for several instances of co-determination that may apply depending on the specific details of the desk-sharing arrangement. Those who are unaware of the rules risk injunctions and significant project delays.

By Isolde Van der Knaap
0 min reading
May 4, 2026
May 6, 2026
How can the work council influence desk sharing?

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What say does the works council have regarding desk sharing?

Anyone who wants to introduce desk sharing in their company will quickly face an important question: Does the works council need to be involved, and if so, to what extent? There is no one-size-fits-all answer.

The Works Constitution Act (BetrVG) provides for several instances of co-determination that may apply depending on the specific details of the desk-sharing arrangement. Those who are unaware of the rules risk injunctions and significant project delays.

How the work council can influence desk sharing: The Basics

  • Desk-sharing itself is not subject to employee participation. The employer may implement it within the scope of its managerial authority. The specific details of its implementation almost never are.
  • Section 87(1)(1) of the Works Constitution Act (BetrVG) applies whenever rules concern employees’ conduct.
  • Section 90 of the Works Constitution Act (BetrVG) requires employers to inform the works council early and in detail as soon as the planning phase begins.
  • A workplace agreement is the most legally sound approach to desk sharing.
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What does the Works Constitution Act (BetrVG) stipulate regarding desk sharing?

In principle, an employer may require desk sharing. However, the specific details are almost always subject to co-determination. This applies in particular when rules regarding workplace use, digital booking tools, occupational health and safety, or changes to the work environment are involved.

The BetrVG contains several sections that may be relevant to desk sharing:

Section 87(1)(1) of the Works Constitution Act (BetrVG) – Order in the workplace: The line between conduct regarding workplace order that is subject to co-determination and work-related conduct that is exempt from co-determination is blurred. Rules that directly require work performance (e.g., finding an available seat every day) are considered work-related conduct and are not subject to co-determination. Rules regarding workplace coexistence, such as the handling of personal belongings or the use of lockers, are considered organizational conduct and are subject to co-determination.

Section 87(1)(6) of the Works Constitution Act (BetrVG) – Technical Monitoring Devices: Certain aspects of desk sharing, such as the use of booking or occupancy tools, fall under Section 87(1)(6) of the Works Constitution Act (BetrVG) if they involve monitoring of employees’ performance and behavior. As soon as a booking tool collects data on attendance times or usage patterns that can be traced back to individual employees, the right to co-determination applies.

Section 87(1)(7) of the Works Constitution Act (BetrVG) – Health Protection: Ergonomic requirements, risk assessments, and hygiene regulations for shared workstations may satisfy this criterion. The Baden-Württemberg Regional Labor Court rejected a right to co-determination under § 87 (1) No. 7 BetrVG in a specific case, as the introduction of desk sharing alone did not lead to a concrete risk to employees. A risk assessment would first have to establish this.

§ 90 BetrVG – Duty to Inform: § 90 BetrVG requires the employer to inform the works council in a timely and comprehensive manner about planned changes to workstations, work processes, or the work environment. This duty to inform applies as early as the planning phase. Anyone who informs the works council only after the restructuring measures have already begun has missed this deadline.

§ 111 BetrVG – Operational change: According to the case law of the Federal Labor Court, the introduction of desk sharing is generally not considered an operational change within the meaning of § 111 BetrVG. The situation is different if desk sharing is part of a larger restructuring.

What does case law say about the works council’s right to co-determination?

Case law on the subject of desk sharing and works councils is anything but consistent. In the past, the same concept has been interpreted differently by various courts. According to this view, it is not the concept as a whole that matters, but rather the individual provisions within it. Three court decisions illustrate where the courts draw the line.

Frankfurt/Main Labor Court: The Frankfurt/Main Labor Court granted a works council’s motion seeking to prevent the introduction of desk sharing. The court found that several aspects of co-determination were affected. The unilateral introduction of this work system by the employer was therefore deemed impermissible. The works council was ultimately able to halt further implementation by means of a preliminary injunction.

Düsseldorf Regional Labor Court (Case No. 3 TaBVGa 6/17): The Düsseldorf Regional Labor Court ruled in another case that the works council had no right of co-determination because the specific plan did not contain any provisions subject to co-determination. The question of where exactly the line is drawn between the specification of work duties not subject to co-determination and conduct subject to co-determination remains largely unresolved even after this decision. A fundamental ruling by the Federal Labor Court is still pending.

Baden-Württemberg Regional Labor Court (Case No. 21 TaBV 7/24, August 2024): According to this ruling, neither the decision to introduce desk sharing nor an accompanying clean-desk policy is, in and of itself, subject to works council co-determination. Both pertain to employees’ work conduct, which is not subject to co-determination. However, regulations governing the handling of personal belongings may affect workplace conduct subject to co-determination pursuant to Section 87(1)(1) of the Works Constitution Act (BetrVG). Regulations governing the use of certain company premises for break and work purposes may also be subject to co-determination.

In practice, this means that it is not the concept as a whole but each individual provision within it that must be reviewed for compliance with the requirement for employee participation. Those who make sweeping generalizations are almost always wrong.

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What must be included in the workplace agreement on desk sharing?

In practice, a works council agreement is the most reliable way to implement the project in a legally compliant manner. This applies regardless of whether a genuine right to co-determination exists in a particular case or not.

To ensure that desk sharing and labor law are compatible, a legally sound company agreement must address these key points:

  1. Scope of Application: Which locations, departments, and employee groups are covered by the agreement? If it applies across multiple locations, the general works council is generally responsible.
  2. Booking rules: How do you reserve a workspace? Through the app, at a terminal, or on the spot? What are the advance notice requirements and cancellation deadlines?
  3. Clean Desk Policy: What personal items are allowed, how are they stored, and who provides lockers or rolling cabinets?
  4. Data Protection and Booking Systems: Digital booking systems may fall under Section 87(1)(6) of the Works Constitution Act (BetrVG) if they collect data on booking times, duration of presence, or individual usage patterns. The agreement must specify what data is collected, how long it is stored, and who has access to it. Tools like PULT avoid this issue from the outset: analyses are conducted exclusively at the team level in aggregated form, without any references to individuals, and thus meet the requirements that works councils typically impose under Section 87(1)(6) of the Works Constitution Act (BetrVG).
  5. Ergonomics and Occupational Health and Safety: Guidelines for the setup of shared workstations (monitor, keyboard, chair), for cleaning, and for the special needs of individual employees.
  6. Special provisions: Pregnant employees, employees with disabilities, or those in certain job roles may be entitled to a dedicated workspace and special desk-sharing rules.
  7. Control mechanisms: How is booking data analyzed? Is it analyzed only at the team level, or also at the individual level? The latter typically requires employee participation and raises data protection concerns.

What is the best way to involve the works council in desk sharing?

Time and again, managers make the mistake of informing the works council about the introduction of desk sharing only after the decision has already been made. This is unwise and, in many cases, violates Section 90 of the Works Constitution Act (BetrVG).

As soon as the idea of introducing desk sharing arises internally, the obligation to provide information takes effect. The works council receives planning documents, space allocation plans, and schedules. In the next step, the concept is jointly reviewed for provisions subject to co-determination: Which areas are covered by Section 87(1)(1), (6), or (7) of the Works Constitution Act (BetrVG)? This review prevents individual provisions from becoming stumbling blocks later on.

Once the areas subject to co-determination have been identified, formal negotiations on a works agreement begin. If the employer and the works council cannot reach an agreement, the conciliation board makes the decision. This process can delay projects by months. Once the agreement is finalized, implementation begins. An evaluation clause also specifies when and how the parties will jointly review the plan and adjust it as needed.

If you communicate transparently from the outset and establish a clear policy, you will have already prevented most conflicts before they arise. The same principle applies to the booking system.

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FAQ

Have questions?

Can the works council generally prevent the implementation of desk sharing?

No. Generally speaking, the works council cannot prevent a company from implementing desk sharing. The employer’s managerial authority includes the fundamental decision regarding workplace organization. However, the works council has significant influence over the specifics of the arrangement and can obtain a preliminary injunction in the event of violations of co-determination rights.

Do I always need a company agreement for desk sharing?

It is not mandatory, but a company agreement for desk sharing is almost always recommended. While the decision to introduce desk sharing itself does not require employee participation, the specific details of the arrangement generally require at least partial approval from the works council. In practice, anyone who implements a booking system or introduces a clean-desk policy almost always needs a company agreement.

Is a digital desk booking tool subject to employee participation?

Yes, if it collects data from which conclusions can be drawn about the behavior or performance of individual employees. In particular, systems that record clock-in times and duration of presence, analyze individual usage patterns, or are linked to other systems such as time tracking or access control are subject to co-determination requirements. Tools that provide only anonymized aggregate data significantly reduce this risk.

What applies to companies without a works council?

If there is no works council, the employer may implement desk sharing by exercising its managerial authority and unilaterally establish the framework conditions in an internal policy. However, data protection requirements under the GDPR and the Occupational Safety and Health Act (ArbSchG) still apply in full.

Does the Works Constitution Act (BetrVG) also apply to the public sector, and who is responsible there?

In the public sector, the Works Constitution Act (BetrVG) does not apply; instead, the relevant staff representation laws of the federal government (BPersVG) or the states apply. The rights of co-determination are structured similarly under these laws, but differ in detail. The staff council, not the works council, is responsible.

About author

Isolde Van der Knaap

Hybrid Work Enthusiast and Account Executive

LinkedIn

At PULT we're designing the future of the hybrid workplace for companies and their employees. Focused on SME and mid market customers in Eruope, I'm working on everything from Customer Discovery to Onboarding. I'm very passionate about new work and moved to Hamburg in 2024 even though I'm originally from France.

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Open-Concept Office: Pros and cons, design, and modern concepts

An open-concept office is an open workspace where many employees work together without partition walls. Noise, a lack of private spaces, and constant interruptions are considered the biggest drawbacks of open-concept offices. However, you can solve these very problems through zoning, well-designed soundproofing, and skillful space planning.

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Open-concept Office: The Most Important Points at a Glance

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An open-concept office refers to an open workspace for multiple teams without fixed partitions and is one of the most common office concepts in companies that adopt a hybrid work model.

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The biggest drawback of open-concept offices is the noise level: noise and acoustic distractions are among the most commonly cited causes of loss of concentration and declining productivity in open-concept offices.

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What is an open-concept office?

An open-concept office (or open-plan office) is a contiguous office area in which more than ten employees work in an open space without floor-to-ceiling walls. It differs from a cubicle office in its open structure and from purely open-space areas in that it has clearly defined functional zones.

How does an open-concept office differ from a traditional office?

Office types can be classified based on how the space is divided. From cubicle offices with individual rooms to combination offices and open-concept offices, the openness of the space increases gradually.

A modern open-concept office combines open workspaces with activity zones—areas each designed for a specific task. It is precisely this zoning that distinguishes this well-thought-out concept from a simple desk arrangement.

For hybrid teams, an open floor plan makes particular sense. When part of your workforce is working from home, shared workspaces allow for much more efficient use of space than permanently assigned individual offices.

What are the pros and cons of open-concept offices?

Open-concept offices offer short lines of communication and high space efficiency, but their main drawbacks are noise and a lack of private spaces. The balance between these two factors determines whether the space is productive or stressful.

What are the advantages of an open-concept office?

The advantages of an open-concept office lie in collaboration and cost savings. Teams can easily coordinate with one another; these discussions take place without the need to schedule appointments, and new employees are able to integrate more quickly.

Added to this is the financial benefit. An open-concept office with shared workstations significantly reduces per-capita office costs, especially in companies where a high percentage of employees work from home.

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Short lines of communication: Teams coordinate with one another without organizational hurdles.

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Greater space efficiency: Shared workstations reduce costs per employee.

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Greater transparency and visibility: You can immediately see who is present and what people are working on.

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Faster onboarding: New colleagues learn the processes by working closely with the team.

What are the disadvantages of an open-concept office?

The biggest drawback of open-concept offices is the noise level. Conversations, phone calls, and keyboard clicks all blend together, and it is precisely this acoustic distraction that is one of the most common reasons why concentration suffers in an open-concept office.

In a controlled laboratory experiment, a research team at Bond University demonstrated that typical open-concept office noise increases negative mood by 25% and the physical stress response by 34%—as measured by heart rate and skin conductance—after just eight minutes of noise exposure. In real-world office settings, where employees are exposed to these noise levels for hours on end, these effects are correspondingly more pronounced. (Sander et al., Journal of Management & Organization, 2021)

Open-concept office layouts also significantly reduce face-to-face communication. In two field studies conducted with Fortune 500 companies, the volume of face-to-face interaction dropped by about 70% after the transition to an open-concept layout, while email and instant messaging traffic increased sharply. People who are constantly visible to everyone tend to withdraw inwardly and turn to digital channels. (Bernstein & Turban, Philosophical Transactions of the Royal Society B, Harvard Business School, 2018). The availability of private spaces is therefore an important factor in well-being.

How do I design a modern open-concept office?

A productive and employee-friendly open-concept office is created through spatial zoning based on activity, effective soundproofing, and space planning based on actual usage data. However, furniture and rules alone are not enough if the basic layout of the space does not suit the way people work.

How does zoning work in an open-concept office?

Zoning divides the open space into areas for different activities. This principle stems from the activity-based working concept, in which each type of work is assigned its own appropriate space:

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Quiet areas for concentration and quiet, independent work.

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Opportunities for collaboration.

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Customizable project areas for teamwork and time-bound projects.

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Quiet, secluded areas for breaks and relaxation.

This allows employees to choose a workspace that suits their current task and ensures they have the best possible conditions there.

What type of soundproofing is suitable for an open-concept office?

Effective soundproofing in an open-concept office is achieved through sound-absorbing materials and physical barriers. The combination of elements on the ceiling, on the floor, as well as room dividers and large plants reduces the noise level.

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Acoustic partitions between workstations block sound directly at the source.

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Large plants with lush foliage also act as natural sound barriers.

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Upholstered furniture and upholstered room dividers absorb sound.

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Floor-to-ceiling partitions in an open-concept office separate zones from one another both acoustically and visually.

Acoustic panels on the ceiling and walls, sound-absorbing carpeting and rugs, and enclosed phone booths for video calls significantly reduce noise levels.

In cases where noise levels remain high despite these measures, the cause usually lies in the use of the space itself.

How does Desk Booking help optimize space in an open-concept office?

Desk Booking provides the data needed to plan an open-concept office according to actual needs. Rather than relying on assumptions, booking and occupancy data show which areas are regularly in use and which, by contrast, remain empty.

This leads to specific ways to adapt the space that allow for the redistribution and management of its use. For example, if the area designated for quiet work is consistently overbooked while spaces for collaboration remain empty, this is a measurable indicator that the layout needs to be redesigned.

PULT provides the necessary occupancy data: This allows you to analyze the use of your office space, and employees can reserve their seats in the appropriate zone.

How to Turn Your Open-Concept Office Into a Productive Workplace

An open-concept office becomes productive through zoning based on activity, effective soundproofing, and space planning based on actual usage data. The open space is preserved, and its weaknesses are eliminated through the right structure.

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With PULT Office Insights, you can see which areas of your space are actually being used and plan renovations based on real data.

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Your employees can reserve a workspace in the appropriate zone and see where their colleagues are already seated.

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You manage capacity and attendance all in one place.

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Workplace Automation: What does it really mean for your office?

Workplace automation refers to the automation of daily, recurring office tasks, from desk reservations to visitor registration. For companies with a hybrid work model, the question arises as to which processes can be automated and how this can be done in compliance with the GDPR.

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Workplace Automation: The Basics

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Workplace Automation automates recurring office processes—such as room and desk reservations, attendance tracking, and visitor management—based on rules, without requiring employees to manually initiate each step.

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You can identify office processes that are ready for automation by three characteristics: clearly definable rules, a high frequency of repetition, and a measurable susceptibility to errors when processed manually.

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Which office processes can be automated?

Processes that occur daily and always follow the same or a similar pattern are ready for automation.

Area Manual Process Automated version
Space & Workplace Booking meeting rooms, spaces, and workstations by arrangement, via a list, or by email. Self-booking with automatic confirmation
Space & Workplace Identifying and Resolving Duplicate Bookings Automatic detection and rebooking in the event of capacity conflicts
Space & Workplace Send a reminder for your own desk reservation Automatic push notification to the user
Space & Workplace Coordinate Parking Assignments Using a Spreadsheet Automatic assignment of parking spaces based on predefined booking rules
Visitor Management Visitor Registration at the Front Desk Paperless Self-Registration with GDPR-Compliant Data Collection
Visitor Management Notify the host by phone when visitors are arriving Automatic notifications via MS Teams or Slack
Office Evaluation Track Office Utilization Using Handouts Real-Time Analysis of Office Usage
Office Evaluation Compile capacity utilization reports yourself Automatically generated reports based on occupancy data
Human Resources Management Manage Leave Requests via Email Automated approval process with status notifications
Human Resources Management Create and Send Onboarding Checklists Automated task assignment and access granting upon admission
Attendance & Planning Who is in the office and when? Check with them to find out. Real-Time Automatic Attendance Overview
Attendance & Planning Coordinate office days with the team via chat Rule-Based Scheduling with Attendance Thresholds
IT & Access Manually Set Up Access for New Employees Automatic Assignment of Permissions via SSO and HR Integration
IT & Access Access Control by Reception Staff Automated access control via app or badge
Buildings & Facilities Cleaning schedules based on a fixed weekly plan Cleaning Based on Actual Room Usage
Compliance & Security Manually Maintain Attendance Lists for Fire Safety Real-time occupancy data as the basis for evacuation plans

How does automated room and desk booking work?

For example, an automated meeting room management system detects when two people book a conference room that is actually designed to accommodate 20 people. The system identifies the discrepancy and automatically rebooks the reservation into a smaller, suitable room.

This reduces the number of conflicts over available spaces and frees up time for office managers that was previously spent on manual adjustments. Workplace automation via Wi-Fi check-in takes this a step further: As soon as you log in to the office with your device, the system automatically reserves your desk without a single click.

What compliance considerations must a company keep in mind when implementing workplace automation?

Automating office processes always involves processing data. Therefore, three points must be clarified:

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GDPR Compliance: What data does the tool collect, how long is it stored, and who has access to it? Booking data and attendance records are considered personal data.

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Employee Participation: As soon as a tool tracks attendance or workload, Section 87(1)(6) of the Works Constitution Act (BetrVG) applies. You must consult with the works council before implementing it.

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Hosting: EU hosting with a German or European data center circumvents the Cloud Act issues that arise with U.S. providers without an EU branch.

How do I get started with Workplace Automation?

To automate your workplace, start by identifying all the processes that, although they follow a very consistent pattern, are repeatedly carried out manually by employees. Review these processes and provide your team with software to automate them. The more processes a single software solution can handle, the fewer new tools you'll need to burden your team with.

1

Identify processes: Which processes take more than 30 minutes each day or regularly produce errors? These are the first candidates.

2

Examine the process: Is the current process already the best option? Or could it be streamlined?

3

Select a tool based on its integration capabilities: EU hosting and integration with existing systems are important selection criteria.

4

Roll out the changes gradually: Start with one feature—such as automatic room booking—and then expand to other areas after receiving positive feedback.

5

Review KPIs after 4 weeks: How many booking conflicts remained? How much administrative time was saved? How has office utilization changed?

Here's how PULT puts your office management on autopilot

Your workplace automations work best when they're bundled into a single software solution rather than spread across multiple tools. You can bundle workstation and room reservations, presence detection, occupancy analysis, visitor management, and parking management into PULT:

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Desk booking, room booking, and office analytics are all handled in a single tool, without any integration issues between individual systems.

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Automatic presence detection via your existing Wi-Fi system.

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Office Insights provide data and analyses on office utilization.

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Full integration with MS Teams, Slack, Personio, and HiBob.

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Huddle Meetings: How to make daily team check-ins truly productive

A huddle meeting is a daily or regular team check-in that takes no more than 15 minutes to align priorities and identify roadblocks. The difference from a traditional status meeting lies in its structure and in what you consistently leave out afterward.

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Huddle Meeting: The Basics

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A huddle meeting is a regular team check-in limited to 10 to 15 minutes, with three set questions: What was completed yesterday? What's on the agenda for today? What's currently holding the team back?

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The Daily Huddle meeting format works whether held in person or virtually, without an agenda document and with a rotating spokesperson. Anything that goes beyond the three core questions should be addressed in follow-up discussions afterward.

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For hybrid teams, team huddle meetings require some ground rules: cameras on, a fixed time zone, a breakout channel for follow-up discussions, and GDPR-compliant policies for recording.

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PULT, the all-in-one software for hybrid office management, shows moderators in real time every day who is in the office and who is working remotely. This provides a reliable information basis for every huddle meeting before it begins.

What is a huddle meeting?

A huddle meeting is a short, structured team discussion of a fixed duration (10 to 15 minutes) that takes place daily. The goal is to coordinate efforts. Discussions should be held in separate follow-up meetings. Each team member answers the same three questions:

1

What did I finish yesterday?

2

What do I have to do today?

3

What's holding me back right now?

The concept originates from Scrum, where the daily huddle is known as the daily standup. It is now also used by HR, operations, and sales teams, as well as cross-functional teams that coordinate across locations.

What is the proper format for a huddle meeting?

The huddle meeting format requires three key conditions to be effective: strict adherence to the schedule, the assignment of a facilitator, and a fixed list of participants.

1

Duration and Timing. The Daily Huddle Meeting takes place at the same time every day. Exceptions weaken the routine. The maximum duration is 15 minutes. If you regularly go over that time, you should consider whether parts of the content belong in a separate format.

2

Participants. Only individuals who are directly dependent on one another. Larger departments are divided into smaller subgroups.

3

Facilitator's Role. A facilitator keeps track of time and consistently directs discussions toward follow-up conversations. Rotating facilitation fosters a sense of personal responsibility within the team.

Element Standard Remote/Hybrid
Duration 10 to 15 min. 10 to 15 min.
Format While standing Camera on
Moderation Rotating Specified
Follow-up meetings Right after that Breakout Channel
Minutes Optional Note Short Chat Log

What changes in the team huddle meeting in a hybrid office?

In teams where some members are in the office and others are working remotely, three issues arise that could undermine the format: remote participants become passive listeners, discussions in the plenary session get out of hand, or technical problems delay or prolong the meeting.

Checklist for Hybrid Team Huddle Meetings:

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Cameras are required for all participants, including office groups sharing a screen.

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Real-time chat in the team chat during the meeting.

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Breakout session or a fixed time slot on the calendar for follow-up meetings immediately afterward.

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A fixed meeting link and time zone in everyone's calendar.

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Facilitating from a remote setting to ensure that remote participants are on an equal footing in terms of structure.

Clear hybrid work policies are essential for this model to work for everyone involved.

What legal considerations must companies keep in mind during their daily huddle meetings?

Daily huddle meetings count as work time and must be documented as part of time tracking. This also applies to brief 10-minute check-ins.

If you record video huddles, you need a GDPR-compliant legal basis and must inform participants in advance. If the huddle format is used for regular performance monitoring, a company agreement may also be required.

How to Make Huddle Meetings a Permanent Part of Your Hybrid Team

A huddle meeting is only effective when time management, structure, and the facilitator's role work together seamlessly. In a hybrid work environment, a fourth factor comes into play: transparency about who is working, when, and from where. Daily check-ins help to improve the employee experience because coordination routines become reliable and transparent for everyone.

Use PULT to see where your colleagues are working

PULT shows you at any time who is in the office and who is working remotely. You can also see your colleagues' scheduled attendance and receive reports on your teams' attendance. Desk booking, room booking, visitor management, and office insights are all integrated into a single platform.

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