A workplace agreement in the event of a serious crisis
IT outages, a natural disaster, or a pandemic can quickly pose an acute threat to a business—assets are at risk, processes may crash, financial losses may occur, or the health or lives of employees may even be in danger. In companies, swift action is then required—but works councils, which must have a say in these matters, often cannot reach a quorum on short notice.
To prevent this, a special works agreement can be adopted for specific, precisely and narrowly defined crises. In this case, the works council exercises its right to co-determination in advance, upon conclusion of the works agreement. This makes it all the more important to precisely define the framework and boundaries. Where do collective bargaining agreements preclude ad hoc action by the company? Under what circumstances should the works council continue to make decisions in the traditional manner? And when does the preventive emergency provision apply—in cases of extra work assignments or emergency transfers, when using emergency IT (data protection?), during additional security checks, or even in matters of compensation? …