According to Section 40 (2) of the Works Constitution Act (BetrVG), the employer must provide the works council with the necessary information and communication tools for its meetings, consultation hours, and ongoing administrative duties.
This also includes internet access.
The internet represents a widely used, comprehensive source of information that the works council regularly requires for the proper performance of its duties. If internet access can be readily established (by activating the works council's personal computer) and its use does not incur special costs, the employer cannot deny internet access.
Based on this reasoning, the Berlin-Brandenburg State Labor Court granted a works council's request to be provided with internet access by activating its personal computer. It deemed irrelevant whether the works council specifically needed internet information for current issues; rather, the works council must always be able to obtain information from the internet. Nor was it decisive whether the works council could obtain the information through other means or how the employer used the internet.
Since the Federal Labor Court (BAG) in its decision of august 23, 2006 – 7 ABR 55/05 – established partially different standards for internet use by the works council, the employer's appeal on points of law was admitted to the Federal Labor Court.
Decision of the Berlin-Brandenburg State Labor Court of July 9, 2008 – 17 TaBV 607/08
Source: Press Release No. 30/08 of the Berlin-Brandenburg State Labor Court of august 26, 2008
Attorney Michael Ullrich, LL.M. (Information Law)
Email: mailto:m.ullrich@goldberg.de
