The works council can demand that the employer provide an internet connection at least if it already has a PC, an internet connection is available in the company, the activation of the internet access does not cause any additional costs for the works council and the use of the internet by the works council does not conflict with any other legitimate interests of the employer. Pursuant to section 40 (2) of the Works Council Constitution Act (BetrVG), the employer must also provide the works council with information and communication technology to the extent necessary for the day-to-day management of the works council. This includes the internet.
The Seventh Senate of the Federal Labour Court, like the previous instances, therefore granted the application of a works council which demanded that the employer provide access to the internet for the PC at its disposal. The management of the DIY store operated by the employer, for which the works council is formed, has an internet connection. The activation of the PC made available to the works council does not result in any additional costs for the employer. The employer had also not asserted any other justified interests which would conflict with the works council's use of the internet.
Federal Labour Court, decision of 20 January 2010 - 7 ABR 79/08 -
Lower court:
Berlin-Brandenburg Regional Labour Court, Order of 9 July 2008 - 17 TaBV 607/08 -
Source: Press release of the Federal Labour Court (BAG)
Goldberg Attorneys at Law
Michael Ullrich, LL.M. (Information Law)
Lawyer and
Specialist lawyer for information technology law (IT law)
E-mail: info@goldberg.de
