Knowledge
Does the works council have a say in AI?
Yes — as soon as an AI system is capable of monitoring the behaviour or performance of employees, the works council's co-determination right under Section 87(1) no. 6 of the German Works Constitution Act (BetrVG) applies. There are also participation rights in personnel selection and in bringing in AI expertise as an expert matter. Involving the council early avoids delays.
The legal touchpoints
- Section 87(1) no. 6 BetrVG: co-determination for technical systems suitable for monitoring.
- Sections 90/95 BetrVG: participation in design and selection guidelines, for example when AI supports personnel decisions.
- Section 80(3) BetrVG: the works council may bring in an expert to assess AI.
What this means for projects
When AI is introduced into processes that affect employees, the works council should be involved early. Often a works agreement is drawn up that defines the purpose, the types of data and the limits.
How we help
We deliver the technical building blocks such an agreement needs: clear purpose limitation, logging, access control and transparency about what the system does and does not do.
FAQ
Frequently asked questions
Does the works council always have to co-determine AI?
Not every AI, but as soon as the system can monitor behaviour or performance, co-determination under Section 87(1) no. 6 BetrVG applies.
What does a works agreement on AI regulate?
Typically the purpose, the types of data processed, limits on use, transparency and rules for evaluation.
When should the works council be involved?
As early as possible — ideally already when scoping the use case.