Glossary · Hybrid work & policy

What is a works council?

Short answer

Works council is an elected employee body, common in Germany, the Netherlands and the Nordics, that must be consulted before tools measuring attendance or presence are introduced. Employers planning desk booking, check-in or presence tools in these countries involve it early, because its rights over such systems can delay or stop a rollout.

Also called Betriebsrat, ondernemingsraad, employee representative body.

How it works

A works council represents the employees of an establishment or company. Its rights come from national law and collective agreements and differ by country: some topics need only information, some need consultation and some need the council's agreement. At EU level, Directive 2002/14/EC sets a general framework of minimum requirements for informing and consulting employees.

Tools that measure attendance or presence often fall in the strongest category. In Germany, the Works Constitution Act gives the works council a right of co-determination over the introduction and use of technical devices designed to monitor the behavior or performance of employees. In the Netherlands, the Dutch Data Protection Authority says an employer may use a staff tracking system only with the approval of the works council, and lists a pass or badge system that registers attendance or location in a building as an example.

In practice, the employer presents the tool, the data it collects, who can see it, how long it is kept and what it will not be used for, often in a written agreement. Multinationals often roll out first in countries without these requirements and add others once an agreement is in place. Because rules vary by country and sector, employers should take local legal advice.

Examples

  • An employer introducing desk booking with automatic check-in in Germany agrees with the works council that reports show team-level attendance only and that personal data is deleted after a set period.
  • A Dutch employer asks the works council for approval before turning on badge-based attendance reporting.

Common mistakes

  • Treating the works council as a final sign-off instead of involving it while the rollout is being designed.
  • Assuming an agreement in one country covers another. Rights differ by country.
  • Collecting more presence data than the stated purpose needs, which makes agreement harder.

How Kadence helps

Kadence has privacy settings an employer can set out for a works council. PII data retention controls set how long personal data is kept, and regional data hosting keeps customer data in the chosen region, US or EU. Building-scoped admins and Custom Roles and Permissions limit which admins see what, and employees can use incognito mode to hide their location from colleagues.

Security · Workplace occupancy

Frequently asked questions

Does a works council have to approve desk booking software?

It depends on the country and on what the software records. Where a tool can record attendance or presence, works councils often have strong rights. In Germany and the Netherlands, the council's agreement is generally needed for systems that can monitor employees. Take local legal advice early.

Which countries have works councils?

Works councils or similar employee bodies are common across much of Europe, including Germany, the Netherlands, Austria, France and the Nordic countries, where national law or collective agreements give employees a say in workplace changes. Their powers differ by country.

How do you get works council approval for presence tracking?

Involve the council early. Explain what data is collected, why, who can see it, how long it is kept and what it will not be used for, such as individual performance reviews. Many employers record these terms in a written agreement before rollout.

Is a works council the same as a trade union?

No. A works council is elected by the employees of a workplace or company, whether or not they belong to a union, and its rights come from national law. A trade union is a membership organization that negotiates pay and conditions, often across many employers. In some countries the two work closely together.

  • Employee monitoring vs occupancy data Employee monitoring tracks what individuals do; occupancy data measures how spaces are used. Workplace planning needs only the second.
  • Presence data (sensorless occupancy) The record of who was actually in the building and when, from signals you already have: network, badges and check-ins.
  • Working time recording The EU requirement that employers run an objective, reliable and accessible system to record each worker's daily working time.
  • Desktop presence agent A lightweight app on employees' laptops that detects when they're on the office network and checks them in automatically.
  • Hybrid policy compliance Reporting on whether individuals and teams meet the organization's in-office expectations over time, such as 45 of 52 weeks.
  • Badge data Access-control swipe records showing who entered a building or floor and when, often used to measure attendance.

Sources

  1. Works Constitution Act (Betriebsverfassungsgesetz), English translation, German Federal Ministry of Justice
  2. The works council and staff tracking systems, Autoriteit Persoonsgegevens (Dutch Data Protection Authority)
  3. Directive 2002/14/EC establishing a general framework for informing and consulting employees, EUR-Lex

Kadence editorial team · Last reviewed

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