The works council is entitled to demand the provision of an internet connection from the employer, provided it already possesses a PC, an internet connection is available within the company, activating internet access for the works council incurs no additional costs, and no other legitimate employer interests preclude the works council's internet usage. Pursuant to Section 40 (2) of the Works Constitution Act, the employer must also furnish the works council with information and communication technology to the extent required for its ongoing administrative duties. This explicitly includes internet access.
Consequently, the Seventh Senate of the Federal Labour Court, consistent with the lower instances, granted the application of a works council that had requested internet access from the employer for the PC at its disposal. The management of the DIY store operated by the employer, for which the works council was established, possesses an internet connection. Activating the PC provided to the works council incurs no additional costs for the employer. Furthermore, the employer had not asserted any other legitimate interests that would preclude the works council's internet usage.
Federal Labour Court, Order of January 20, 2010 – 7 ABR 79/08 –
Previous Instance:
Regional Labour Court Berlin-Brandenburg, Order of July 9, 2008 – 17 TaBV 607/08 –
Source: Press release of the Federal Labour Court (BAG)
Goldberg Rechtsanwälte
Michael Ullrich, LL.M. (Information Law)
Attorney-at-Law and
Specialist Lawyer for Information Technology Law (IT Law)
Email: info@goldberg.de
