Employee monitoring: labor law and data privacy in harmony

Brief overview of the legal bases in data privacy

• What is the significance of data privacy in terms of labor law?

What is covered by the term "employee monitoring"?

• What is meant by "employee monitoring"?
• What data is relevant for this?

In which areas of "working life" do performance and behavioral data arise?

Performance and behavior data as grounds for termination

• What are the requirements for (extraordinary) termination for conduct-related reasons?
• May IT data be used as a reason for termination and if so, which ones? When is the use of evidence prohibited?
• What is the correct procedure?
• The right way to prepare a termination - what do I need to bear in mind?

Co-determination of the works council (using the example of a time recording system)

• What is the role of the works council?
• Brief overview: What needs to be considered? What is the current regulation for time recording?
• Which co-determination rights are relevant and what does this mean from the employer's perspective?
• How far do these co-determination rights extend?
• What needs to be considered from a labor law perspective when selecting the system?
• Co-determination of the works council in the selection of the system?
• What information must be provided to the works council?
• What are the minimum requirements for an IT works agreement?
• Co-determination and updates.
• Tactical considerations when dealing with the works council.

From the field: best practice and practice cases