On 13 December 2016, the German Federal Employment Law Court ruled on the question whether the works council has a co-determination right regarding the publication of specific posts on the employer’s Facebook page. The court held that the works council has such co-determination right if the posts by third parties – such as customers – are directly published on the employer’s Facebook page and might be related to the employees’ performance or behavior. In such case, the configuration on the publication of these posts can only be made with involvement of the works council. In the case the court ruled on, third parties were able to post their opinion regarding the employee’s performance or behavior directly on the Facebook page by using a guestbook. The court found that in such case, the employer is able to monitor the individual employee through the posts. Under German labour law, technical methods that possibly monitor employees, can only be introduced with the consent of the works council. The employer is allowed to keep the Facebook page, but the guestbook must be de-activated until an agreement with the works council has been reached.
Germany