We are often asked how best to get the works council on board when introducing an app, for example for onboarding, as an LMS or for employee training. After all, the advantages are obvious: employees are motivated, informed and supported, they can learn from anywhere, and at the same time, the employer saves time and money. However, this is countered by the concerns of the works council – justified, because they too are concerned about the advancement of employees.

Co-determination by the works council - is it even necessary?

First of all, the question arises as to whether the works council even has the right of co-determination when introducing an app. Here, the answer is a clear "yes". This is because the following regulations of the Works Constitution Act (BetrVG) could apply in this case:

• § 96 to 98, BetrVG: General promotion of vocational training (also, for example, taking into account age and family situation) as well as co-determination during implementation.
• § 87 Para. 1 No. 1 and 6, BetrVG: Co-determination rights in "matters concerning the order of the operation and the conduct of employees in the operation" as well as the "introduction and use of technical devices designed to monitor the conduct or performance of employees."
• § 75 Para. 2, BetrVG: Protection of the free development of personality as well as the protection and promotion of the employees employed.

Works council & e-learning app: Persuasion with these tips

So, what should be done to convince the works council of such an important measure as e-learning via an app with an integrated news function? We have put together seven tips for you.

#1 Involve the works council from the beginning

Trying to convince the works council only after you have decided on an offer is not impossible. However, it is better if you involve them in the entire decision-making process. Even during a demo appointment, the works council can clarify initial questions with the e-learning provider and personally convince themselves of the advantages. If this point has already been passed, offer them training where they can examine both the backend and the frontend in detail.

#2 Present the advantages that arise for the works council through the app

Quite apart from the advantages that an app has for your company and the employee, the works council itself can also advance its interests through an app. In particular, it should be in their interest that equality is promoted. For example, a news function can also reach employees without intranet access or a company email address. Just like employees who are currently not in the company, for example, due to family leave – voluntarily, of course. In addition, more transparency is created, and a feedback function enables (anonymous) participation.

#3 Offer the works council the opportunity to cover its own duties via the app

According to BetrVG 43 Para. 1, the works council is obliged to communicate a report to the works meeting quarterly. Such content – which, honestly, can easily get lost in the daily work routine of employees – can also be prominently integrated via the app's news function and thus finds an additional channel. Consider what other current needs the works council might have and how you might potentially create added value.

#4 Proactively address the conceivable doubts of the works council

The classic concerns of the works council are often attributable to the sections mentioned at the beginning. Therefore, be proactive and show as early as possible that…

• …activity within the app is voluntary.
• …there are alternatives to private end devices (e.g., use on the company PC).
• …the app does not serve the purpose of performance monitoring (how good / active are the employees?).
• …leisure time is not affected (e.g., through push notifications).
• …only necessary personal data flows into the app.

#5 Offer your works council information on the topic of data protection

Especially after the GDPR came into force in May 2018, awareness of the careful handling of personal data has grown significantly. In our e-book on the subject of data protection as well as in this infographic, we have compiled all important information for you on this. Show your works council that you have dealt with this topic intensively.

#6 Draw attention to a works agreement

The most important aspects of app usage are recorded in the works agreement, which the works council can use to ensure that the technology is also used properly. For example, general things such as goals and target groups or the co-determination rights of the works council.

But very concrete regulations, for example, times for sending push notifications so as not to affect the leisure time of employees, or the rights to inspect personal data, are also defined in a works agreement.

#7 Set up an employee agreement

In an agreement between you and your employees, the most important aspects regarding the use of the app are recorded. For example, the voluntariness of use and the separation between leisure time and working time. This proactive measure also shows the works council that you take their concerns seriously.

We are available to answer any questions you may have about our e-learning offer. We would be happy to support you in convincing your works council of our product! Contact