Lucian Holtwiesche
CEO & Co-Founder
August 19, 2025
Desk Sharing Company Agreement: Legally Compliant Implementation and Co-determination
8 min.
The Key Insights
Operational agreements for desk sharing are required in codetermined areas according to § 87 BetrVG.
The Regional Labor Court Baden-Württemberg recognized partial codetermination obligations in 2024 regarding regulations on personal belongings and dual allocation of spaces.
A Clean Desk Policy and IT booking tools may trigger additional codetermination rights.
Early notification of the works council according to § 90 BetrVG is legally mandatory.
Case law continues to evolve - case-by-case examination remains crucial.
What is Desk Sharing and when is a company agreement necessary?
Desk Sharing describes a modern office concept where employees do not have permanently assigned workspaces but instead share workstations based on availability. Typically, for example, there are 80 workstations available for 100 employees, with booking facilitated through digital systems. This flexibility allows companies to achieve significant cost savings on office space and energy expenses – on average, about 30%.
The question regarding a works agreement cannot be answered universally. What matters is whether the planned desk sharing model affects areas subject to the co-determination of the works council according to the Works Constitution Act. While the pure organization of workplaces is often classified as work behavior, accompanying measures like Clean Desk Policies or monitoring systems can trigger co-determination rights.
The topic is gaining importance especially in the context of New Work and hybrid working models. Many companies view flexible workspaces as a cornerstone of modern work culture, but they must consider the rights and needs of their employees.
Legal Foundations of Codetermination
The legal assessment of desk sharing concepts primarily occurs based on participation rights under the Works Constitution Act. It is crucial to distinguish between various conditions, each establishing different rights and obligations.
§ 87 BetrVG: Order and Behavior in the Workplace
The central paragraph for works agreements regarding desk sharing is § 87 BetrVG. It grants the works council participation rights in various areas:
§ 87 Abs. 1 No. 1 BetrVG: Co-determination in matters of workplace order and employee behavior. This pertains to so-called behavioral order, i.e., rules for cohabitation at work that do not directly relate to job performance. Typical examples include clean desk policies that regulate the handling of personal items at the workplace.
§ 87 Abs. 1 No. 6 BetrVG: Co-determination in the introduction and application of technical facilities intended to monitor behavior or performance. Digital booking systems for desk sharing may fall under this, if they record data on work behavior or attendance times.
§ 87 Abs. 1 No. 7 BetrVG: Co-determination in health protection matters. This becomes relevant when changing workstations require special ergonomic considerations or risk assessments.
The differentiation between behavioral order subject to co-determination and work behavior that is not, is often challenging in practice and is not uniformly judged by the courts.
§ 90 BetrVG: Employer's Duty to Inform
Regardless of specific participation rights, § 90 BetrVG obligates the employer to inform the works council early and comprehensively—for instance, about planned changes to workstations, workflows, or the work environment. This duty to inform applies even in the planning phase and allows the works council to provide input on the protection of employees.
If this duty is neglected, cease-and-desist claims may ensue, which can significantly delay the implementation of a desk-sharing concept.
§ 111 BetrVG: Operational Change
According to the case law of the Federal Labor Court, the introduction of desk sharing is generally not considered an operational change in the sense of § 111 BetrVG. However, it differs if desk sharing is part of a larger restructuring—such as significant area reductions or site relocations.
In the case of operational changes, the works council has the right to timely consultation and, if necessary, to negotiate a reconciliation of interests or social plan. This is particularly relevant when desk sharing is introduced as part of broader reorganization processes.
Co-Determination Areas in Desk Sharing
Jurisprudence shows that it is not the desk sharing concept as a whole that requires co-determination, but rather individual areas need to be considered differently. This insight is crucial for negotiations between employers and works councils.
Regulations on Personal Belongings
In 2024, the LAG Baden-Württemberg ruled that regulations concerning the handling of personal belongings at the workplace are subject to co-determination according to § 87 Para. 1 No. 1 BetrVG. This particularly pertains to Clean Desk Policies, which stipulate:
Which personal items are allowed to remain at the workplace
How private photos, plants, or personal utensils should be treated
Regulations for the storage and disposal of items left behind
Provision and use of lockers or other storage facilities
These regulations affect employees' tidiness behavior and have a direct impact on workplace coexistence. They extend beyond mere work organization and therefore require a company agreement.
IT Booking Systems and Monitoring
Modern desk sharing systems, like anny, collect extensive data about workspace usage. If these systems are suitable for monitoring the work behavior or performance of employees, § 87 Para. 1 No. 6 BetrVG applies. Co-determination obligations particularly concern:
Recording of booking times and duration of presence
Analysis capabilities regarding individual usage patterns
Integration with other systems like time tracking or access control
Automatic notifications or reminders
Data protection requirements under the GDPR heighten the need for clear regulations. Company agreements can serve as a legal basis for data processing and simultaneously protect employees’ interests.
Dual Designation of Office Spaces
A particularly interesting aspect of the LAG Baden-Württemberg's decision concerns the dual designation of office spaces. When areas are used both as workstations and as break rooms or community areas, overlapping use arises that affects workplace coexistence.
This flexible use of offices requires regulations for:
Behavioral standards in multipurpose areas
Priorities for competing usage claims
Noise levels and consideration in mixed zones
Cleaning and maintenance of flexible areas
The court saw this as a matter subject to co-determination, as the nature of space usage directly influences the work environment and employee behavior.
Current Legal Judgments on Desk Sharing Works Agreements
The legal landscape surrounding desk sharing is evolving dynamically, showcasing a range of evaluations from labor courts. This development reflects the complexity of the issue and underscores the necessity for careful legal examination on a case-by-case basis.
Regional Labor Court Baden-Württemberg (2024): Partial Co-Determination Required
The decision of the Regional Labor Court Baden-Württemberg from October 2024 marks a significant milestone in the jurisprudence of desk sharing. The court evaluated a comprehensive desk sharing concept in a differentiated manner and recognized varying co-determination rights for different aspects:
Co-determination required areas:
Clean Desk Policy and regulations on personal items
Dual allocation of office space as work and communal areas
Technical monitoring possibilities through booking systems
Non-co-determination areas:
The general introduction of flexible workplaces
Technical equipment of workspaces
Pure work organization without behavioral rules
The court ordered the establishment of a conciliation committee for disputed points, indicating that even with partial agreements, there can still be a need for clarification. This decision has precedent-setting effects for similar cases and provides guidance for other companies.
Regional Labor Court Düsseldorf: Co-Determination-Free Introduction
In another case, the Regional Labor Court Düsseldorf assessed desk sharing as purely work behavior without works council co-determination rights. The court argued that the flexible use of workplaces is closely linked to work performance and therefore falls within the employer's directive authority.
This jurisprudence demonstrates the different evaluation approaches of the courts and clarifies that the specific design of the desk sharing concept is crucial. While pure work organization is often free from co-determination, accompanying regulations can trigger co-determination rights.
Labor Court Frankfurt: Involvement Required
The Labor Court Frankfurt granted a works council provisional legal protection and prohibited the introduction of desk sharing without prior involvement. This decision emphasizes the importance of information and consultation rights according to § 90 of the Works Constitution Act, even if there is no co-determination obligation.
The decision also highlights the practical risks for employers who do not involve the works council in a timely manner. Injunction claims can significantly delay projects and incur additional costs.
Content of a Desk Sharing Company Agreement
A legally compliant company agreement on desk sharing should cover all relevant co-determination aspects while creating practical regulations for everyday work. The following areas have proven to be particularly important in practice.
Principles and Objectives
The first section of a company agreement should clearly define the company's desk sharing concept and state the objectives pursued:
Definition and Scope:
Precise description of the desk sharing model
Affected areas and departments
Exceptions for certain workplaces or groups of employees
Relationship to existing workplace regulations
Objectives:
Cost savings through efficient space utilization
Increasing flexibility for employees
Promoting collaboration between teams
Adapting to hybrid work models
Balance of Interests:
Protection of employee interests
Consideration of special needs (severely disabled, pregnant)
Ensuring ergonomic standards
Maintaining privacy and data protection
Workplace Allocation and Booking System
The technical implementation of desk sharing requires clear regulations for the booking process and workplace allocation:
Booking Process:
Available booking times and deadlines
Priority rules during shortages
Cancellation options and deadlines
Procedures for technical issues
Workplace Equipment:
Standard equipment for all desk sharing workplaces
Ergonomic minimum standards
IT equipment and peripherals
Special equipment for specific needs
Special Arrangements:
Long-term bookings for project work
Team workplaces for group work
Quiet zones for focused work
Regulations for field employees
Clean Desk Policy and Orderly Rules
One of the most common points of contention in desk sharing company agreements are the regulations on handling personal items:
Tidying Responsibilities:
Obligation to completely clear the workstation when changing workplaces
Tolerated personal items during use
Handling forgotten items
Cleaning and disinfection after use
Storage Options:
Provision of lockers or roll containers
Size and equipment of storage options
Access regulations and key management
Regulations for vacation time
Sanctions:
Warning for repeated violations
Temporary exclusion from desk sharing
Cost coverage for special cleanings
Escalation procedures in case of conflicts
Data Protection and Monitoring
The use of digital booking systems requires comprehensive data protection regulations:
Data Collection:
Type and scope of collected data
Purpose limitation of data processing
Legal basis according to GDPR
Storage duration and deletion deadlines
Evaluations and Controls:
Permissible statistical evaluations
Prohibition of individual performance assessments
Anonymization and pseudonymization
Rights of affected individuals
Technical Security:
Protection against unauthorized access
Encryption and backup procedures
Logging of system accesses
Notification procedures for data breaches
anny as desk sharing software meets the highest data protection and security requirements.
Ergonomics and Occupational Safety
Flexible workplaces pose special requirements for occupational safety:
Risk Assessment:
Special assessment for desk sharing workplaces
Consideration of changing users
Regular review and adjustment
Documentation and evidence
Ergonomic Standards:
Height-adjustable desks and chairs
Adjustable monitors and lighting
Ergonomic input devices
Footrests and other aids
Instructions:
Introductory training for new desk sharing users
Regular refresher training
Information on ergonomic settings
Contact persons for problems
Negotiation Process and Conciliation Body
The success of a Desk Sharing implementation significantly depends on a constructive negotiation process between the employer and the works council. Early communication and transparent information can prevent many conflicts.
Preparation for Negotiations
Careful preparation is the key to successful negotiations:
Early Involvement:
Informing the works council already in the planning phase
Joint needs analysis and goal definition
Involvement in pilot projects and test phases
Regular consultations during development
Data Collection:
Employee surveys on acceptance
Analysis of current workplace usage
Benchmarking with other companies
Cost-benefit analyses
Legal Preparation:
Examination of co-determination obligations in the specific case
Analysis of comparable court decisions
Consultation with labor law specialists
Development of alternative regulatory approaches
Points of Contention and Compromise Solutions
In practice, similar conflict areas often emerge, for which proven compromise solutions exist:
Common Points of Contention:
Scope of the Clean Desk Policy
Data collection through booking systems
Exceptions for certain employee groups
Sanctions for rule violations
Proven Compromises:
Gradual introduction with evaluation phases
Flexible regulations for different areas
Trust-based working hours instead of strict control
Co-determination in system selection
Evaluation and Adjustment:
Regular review of the agreement
Adjustment options under changing conditions
Feedback procedures for employees
Joint success assessments
Arbitration Board as a Last Resort
If the employer and works council cannot reach an agreement, an arbitration board decides on the disputed points:
Requirements:
Failure of direct negotiations
Co-determined matter
Request by one of the parties
Formation of a parity arbitration board
Procedure:
Appointment of assessors by both sides
Selection of a neutral chairperson
Hearing of both parties
Binding ruling of the arbitration board
The costs of an arbitration board are substantial and the process is time-consuming. Therefore, all possibilities of an amicable solution should be exhausted before this route is taken.
Practical Implementation Without Works Council
Companies without a works council have more flexibility in designing desk sharing, but should still establish legally compliant regulations and consider the interests of their employees.
Employment Contract Regulations:
Inclusion of desk sharing clauses in employment contracts
Additional agreements for existing employment relationships
Clear rules on rights and obligations
Revocation reservations for adjustments
Voluntary Agreements:
Employee involvement in development
Voluntary participation in desk sharing
Regular feedback sessions
Adjustments based on experiences
Legally Compliant Documentation:
Written policies and procedures
Documentation of training
Proof of information on data protection
Logging of changes
Data Protection Aspects:
Consent of employees for data processing
Transparent information about data usage
Appointment of a data protection officer
Regular data protection impact assessments
Suitable Desk Sharing Software
For the successful implementation of a desk sharing concept, a reliable and user-friendly software solution is crucial. anny offers a modern platform as desk sharing software that helps companies in the flexible management of their workplaces. With anny, employees can conveniently book available desks in real-time, optimizing the use of office spaces and increasing flexibility.
The software allows easy integration into existing IT infrastructures while taking into account important aspects like data protection and user-friendliness. Through features such as the display of workplace equipment, management of access rights, and support of clean desk policies, anny helps meet the requirements of works councils and employees.
Particularly advantageous are the clear booking processes and the ability to accommodate the individual needs of employees, such as by reserving ergonomic workplaces or special working areas. This way, anny not only supports efficient space utilization and cost savings but also enhances the well-being and productivity of employees within the framework of modern New Work concepts.
FAQ
Is it necessary for every company to establish a Desk Sharing Works Agreement?
No, a works agreement is only necessary if the desk sharing concept involves areas subject to the co-determination of the works council. This depends on the specific design - particularly on accompanying measures such as Clean Desk Policies or monitoring systems. Companies without a works council can generally introduce desk sharing independently but should consider legal aspects of employment.
Can the works council completely prevent the introduction of desk sharing?
The works council cannot fundamentally prevent the introduction of desk sharing, as the organization of work falls within the employer's right to direct. However, in areas requiring co-determination, they may demand a say and potentially bring about the involvement of a reconciliation board. In practice, constructive cooperation usually leads to acceptable compromises for all parties involved.
What role does company size play in co-determination?
The co-determination rights according to § 87 BetrVG apply regardless of company size, provided there is a works council. However, larger companies may be more frequently affected by co-determination rights due to more complex structures and extensive desk sharing concepts. The legal precedent is based on the specific design, not on the size of the business.
How long does the negotiation process for a works agreement take?
The duration strongly depends on the complexity of the desk sharing concept and the willingness to cooperate from both sides. Simple agreements can be completed in a few weeks, while complex projects may take several months. Involving a reconciliation board significantly extends the process - often by another 6-12 months.
What happens in case of violations of the works agreement?
Violations of works agreements can have legal consequences, as they act directly and mandatorily like collective agreements. Depending on the severity, warnings, dismissals, or claims for damages may follow. At the same time, employees have the right to enforce compliance with the agreed regulations and can assert this in court if the employer violates them.
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