Sept 9, 2026
Desk Sharing & Works Council: Co-determination, Case Law, and Practical Implementation
6 min.
Introduction
Introducing desk sharing reaches deep into the organization and daily work life. If your company is planning to phase out fixed workstations and transition to a shared desk concept, you, as a works council member, face a central question: Where exactly do you have a right of co-determination – and where don't you? This article gives you a practical overview of the legal foundations, current case law, and concrete recommendations for action.
Desk sharing is typically not subject to co-determination as a whole. However, specific aspects such as orderly conduct, clean desk policies, and technical monitoring fall under § 87 of the German Works Constitution Act (BetrVG).
The Baden-Württemberg Regional Labour Court (LAG) ruled on August 6, 2024 (case number 21 TaBV 7/24) that co-determination is partially applicable – specifically regarding rules on personal belongings and the dual use of office spaces.
Employers must inform the works council at an early stage in accordance with § 90 BetrVG. For major restructuring, § 111 BetrVG may also become relevant.
A desk sharing works agreement protects the interests of employees and ensures transparency for everyone involved.
Digital desk sharing software like anny and clear desk sharing rules are essential for a privacy-compliant, fair implementation.
What is desk sharing (hot desking), and why should the works council care?
Desk sharing – also known as hot desking – enables flexible workplace utilization without permanent assignments. Employees can freely choose their workstation every day instead of sitting at a personal desk. The definition is simple: There are fewer desks than employees. Typical desk sharing ratios show that 80 desks can easily suffice for 100 employees; in some companies, as many as 120 employees share 80 workstations. Desk sharing is also referred to as a non-territorial workplace concept, as no fixed workspaces are assigned. If you want to learn more about the differences between these concepts, check out our comparison of desk sharing and hot desking.
Desk sharing can save up to 30% on office space – according to the ifo Institute, structural demand for office space will drop by about 12% by 2030. These savings on rent and energy costs make the desk sharing model highly attractive for businesses. At the same time, desk sharing can boost employee efficiency, for instance, by placing teammates close to project partners.
However, introducing desk sharing successfully requires clear desk sharing rules: booking policies, a solid desk sharing concept, flexible working hour models, and a clean desk policy. These very rules regularly impact workplace order and employee behavior – and therefore your co-determination rights as a works council.
Legal Framework: Works Council Co-Determination in Desk Sharing
The works council has co-determination rights regarding desk sharing – however, not across the board for the entire concept, but in specific regulatory areas. You need to review these individually:
Section 87 (1) No. 1 BetrVG – Order and behavior: Clean Desk Policy, handling of personal belongings, and use of workspaces. Desk sharing directly affects the order and behavior of employees in the workplace.
Section 87 (1) No. 6 BetrVG – Technical monitoring: The works council has a right of co-determination regarding technical monitoring systems. This includes booking tools that track who sits where and when.
Section 87 (1) No. 7 BetrVG – Health protection: Ergonomics, noise levels, hygiene, and quiet zones in a flexible-use environment.
Section 87 (1) Nos. 2 and 3 BetrVG – Working hours and breaks: Relevant if the desk sharing concept introduces new working hour models.
In addition, according to Section 90 BetrVG, employers must inform you comprehensively and in good time about the planning of new spatial concepts and workflows. Section 99 BetrVG may apply if individual personnel measures are linked to desk sharing. Furthermore, Section 111 BetrVG comes into play if the introduction of desk sharing is part of a major operational change – such as site mergers or significant space reductions.
Co-determination is therefore highly context-dependent: depending on how your desk sharing concept is designed, different rights and obligations apply.
Current Case Law: LAG Baden-Württemberg 2024 and its Implications
The case before the LAG Baden-Württemberg is currently the most influential decision on this topic. A company with open-plan offices and fixed workstations (partially with partitions) wanted to introduce a desk sharing concept including a clean desk policy starting in October 2023. The works council applied for the establishment of a conciliation committee.
The Heilbronn Labor Court initially rejected the application: desk sharing and clean desk policies as a whole were not subject to co-determination. However, the LAG Baden-Württemberg ruled differently on August 6, 2024, in its decision (Case No. 21 TaBV 7/24): the court clarified that specific sub-areas of the concept are indeed subject to co-determination:
Regulations on personal belongings are subject to co-determination (§ 87 para. 1 no. 1 BetrVG).
The dual use of spaces – meaning the overlapping use as both a work and break area – is also subject to co-determination.
For you as a works council member, this means: you must examine every single element of the concept for co-determination. Partial co-determination means you can actively have a say in specific regulations, even if other topics remain free of co-determination. Jurisprudence is not yet uniform nationwide – further decisions from regional labor courts (LAGs) and the Federal Labor Court (BAG) are to be expected.
Codetermination in Detail: Clean Desk Policy, Organization, Personal Belongings, and Health Protection
Clean Desk is one of the most conflict-prone areas of desk sharing. Under the clean desk principle, employees must tidy up their desks – no permanently lying documents, no personal photos, or plants after the end of their shift. Desk sharing requires a Clean Desk Policy to maintain order, but how far are employers allowed to go?
Guidelines regarding orderliness fall under Section 87 Paragraph 1 No. 1 BetrVG (Works Constitution Act) and are therefore subject to mandatory co-determination. In a works agreement, you should regulate:
Which personal items are allowed at the workstation (e.g., your own mug, a photo)
Times and modalities of the clean desk (e.g., by the end of the workday at the latest)
Availability of lockers, mobile pedestals, or personal boxes for storage
Protection of sensitive documents (health data, customer materials) – data privacy also plays a role here
An excessive ban on all personal items can have a negative impact on employee well-being and acceptance. You can find more on designing a Clean Desk Policy in our dedicated article.
Desk sharing is not just a spatial issue – it is closely linked to health and safety. Desk sharing workstations must meet the requirements of the Workplace Ordinance. The works council must monitor health-related stressors – this is not an option, but a duty.
Double designation means that the same office spaces serve as both workspaces and break areas. The Regional Labour Court (LAG) of Baden-Württemberg has clarified that the use of space in such overlapping cases can be subject to co-determination.
The following health and safety aspects play a role in desk sharing:
Ergonomic workstations are a key aspect of safety precautions (height-adjustable desks, monitors, lighting)
Hygiene is a challenge in desk sharing – cleaning schedules for alternating use are essential
Noise, acoustics, and quiet spaces for focused work
Safety standards must be maintained when introducing desk sharing
As part of New Work, desk sharing is a building block of modern, hybrid work models. It offers flexibility and a modern working environment, but carries risks such as a loss of belonging or stress from the daily search for a desk. A risk assessment, including mental health stressors, should be adapted or newly conducted – the works council has a clear right of co-determination here.
Technical Implementation: Desk Sharing Software, Data Protection, Monitoring, and anny
In practice, desk sharing is usually implemented using desk sharing software: a booking app, 3D office plan, and integrations with calendars and access control systems. Co-determination rights of the works council primarily concern data protection and privacy.
As soon as the software is capable of monitoring behavior or performance (e.g., who books what and how often), Section 87 (1) No. 6 of the German Works Constitution Act (BetrVG) applies. The works council must have a say in the selection, introduction, and evaluation of the tool. The company agreement should include:
Purpose of data collection
Storage periods and deletion rules
Pseudonymization of statistics
Access restrictions (e.g., facility management only vs. supervisors)
Exclusion of performance and behavioral monitoring
A solution like anny – a German desk sharing software hosted in Germany with GDPR and ISO 27001 compliance – offers transparent booking rules and granular permissions. For the works council, it is crucial that the tool enables privacy-compliant evaluations and minimizes the risk of misuse. Specifically, anny comes with the following features to support this:
Booking Overview: complete transparency on how workstations are used within the booking system
Permission Management: granular access rights, ensuring only authorized roles (e.g., facility management) can view data
Reporting Features: evaluations tailored to co-determination requirements – without monitoring the performance or behavior of individual employees
Purpose Limitation & Retention Periods: technically defined and documented, which simplifies compliance with data protection regulations
This ensures the works council can verify how data is used at any time and guarantee that the agreed data protection rules are technically enforced.
Get a quick insight into the anny software here:
You can find a comprehensive overview of current desk sharing software solutions in our guide.
Key Components of a "Desk Sharing" Works Agreement
A works agreement regulates desk sharing in the company and is the central tool for legal certainty. Works agreements establish clear rules for desk sharing. Typical sections include:
Area of Regulation | Content |
|---|---|
Scope of Application | Locations, teams, groups of employees |
Definitions | Desk sharing, clean desk, booking system, home office days |
Booking Rules | Priorities for people with disabilities, pregnant employees, part-time staff |
Clean Desk & Personal Items | Scope, timing, storage |
Dual Use | Regulation of overlapping work and break areas |
Health & Safety | Ergonomics, noise, quiet zones |
Software & Data | Purpose, deletion periods, analytics, access |
Evaluation | Adjustment clause after 6 or 12 months |
You can find out what generally belongs in a works agreement in our article on works agreements in desk sharing – where you can also download a ready-to-use template for your own works agreement.
An excellent example of how to technically implement the requirements listed in the table is the booking software anny. It allows you to granularly control booking rules, analytics, and access rights, ensuring full compliance with your works agreement.
For larger restructurings, integration with
Implementing Desk Sharing: How to Collaboratively Work with Your Works Council
Implementing desk sharing successfully requires thoughtful, early planning. Every rollout should be carefully tailored to your unique workspace. Here is what an ideal, step-by-step process looks like:
Early Phase: Information sharing in accordance with Section 90 of the German Works Constitution Act (BetrVG) regarding planned workspace redesigns, new agile ways of working, and software implementation. Forming a joint project group with employers, the works council, occupational health and safety specialists, and, if applicable, representatives for severely disabled employees. The works council is committed to a spirit of trust and collaboration with the employers.
Conception Phase: Analyzing current workplace utilization, determining the ideal desk-sharing ratio, and consulting team members regarding their needs, such as quiet zones, storage space, and team cohesion.
Negotiation Phase: Structured negotiations regarding the works agreement. If an agreement cannot be reached, convening a conciliation committee can help resolve the matter. In parallel, policies regarding mobile working and remote work should be negotiated.
Implementation & Pilot: Testing desk sharing within a single organizational unit first, followed by continuous monitoring and a joint evaluation after six months.
While companies without a works council enjoy more flexibility in designing their workspace concepts, all labor law requirements (such as the Workplace Ordinance and data protection regulations) apply in full.
Practical tips, common pitfalls, and best practices for works councils
When it comes to desk sharing, the works council plays a vital role as both a guardian and a co-creator. The works council can actively suggest solutions to resolve issues. Here are some typical pitfalls to watch out for:
Desk sharing is communicated solely as a cost-cutting measure – without highlighting any benefits for the employees
The clean desk policy forbids any and all personal items
The booking software enables untraceable and non-transparent monitoring of individual attendance
No special arrangements are made for employees with specific needs (such as disabilities or pregnancy)
Proven best practices:
Establish a minimum number of guaranteed workstations for specific groups
Introduce clear, easy-to-understand usage guidelines during interactive workshops
Conduct regular audits to keep your safety standards in check
Run an annual employee survey to gather feedback and measure acceptance
Arrange joint walk-throughs of the spaces with the works council and occupational health & safety officers
Desk sharing actually offers fantastic benefits for employees: free choice of seats, working closer to project partners, and enjoying modern office spaces. When the framework is right, desk sharing can significantly boost employee efficiency. As a works council, you can actively shape this exciting transition rather than blocking it – helping your team transition seamlessly into the future of work.
Planning to introduce desk sharing in your organization? With anny, you can implement the concept in a highly transparent and fully compliant way right from the start – from clear booking rules to data privacy-friendly analytics without any individual performance tracking. Book your free demo today to find out how!
FAQ on Desk Sharing and Works Council Co-Determination
Here you'll find answers to frequently asked questions that go beyond the main chapters.
Can the works council completely prevent desk sharing?
No. There is no legal entitlement to a permanent desk, unless agreed otherwise in the employment contract. While the works council cannot block desk sharing across the board, it does have extensive co-determination rights regarding its design. In the event of gross violations of co-determination or health and safety, legal action, such as injunctions or the setting up of a conciliation committee, is possible.
Does a separate works agreement have to be concluded for every desk sharing concept?
A standalone works agreement is highly recommended if multiple areas subject to co-determination are affected. Alternatively, desk sharing guidelines can be integrated into existing framework agreements (e.g., mobile working, IT usage). For larger projects, we recommend a dedicated, clearly structured agreement for maximum transparency.
How can the works council specifically secure data protection in desk sharing software?
Request access to the data protection concept and the technical and organizational measures of the software. Outline clearly in the works agreement: which data is collected, how long it is stored, who has access, and ensure that no performance or behavioral monitoring takes place. The data protection officer should also be involved at an early stage.
What role does Section 111 of the Works Constitution Act (BetrVG) play in introducing desk sharing?
Section 111 BetrVG regulates operational changes in companies with generally more than 20 eligible employees. The introduction of desk sharing falls under this scope if it is part of a comprehensive restructuring – such as a merger of locations or a significant reduction in office space. In these cases, a reconciliation of interests and a social plan often need to be negotiated alongside the works agreement. Any disadvantages for the workforce must be taken into account here.
Are there any special regulations in Baden-Württemberg due to the regional labor court (LAG) decision?
While the decision of the LAG Baden-Württemberg from August 6, 2024, is initially only binding for that specific state, it serves as a helpful guide nationwide. Employers and works councils in Baden-Württemberg should take the emphasized partial co-determination rights regarding personal items and double dedication particularly seriously. Generally, it is highly recommended to keep an eye on current case law and seek legal advice on contentious issues.
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