To curb the corona pandemic, employers must implement certain hygiene requirements. Whether the workforce adheres to this should not simply be checked with video recordings.
Wesel (dpa / tmn) - An employer cannot easily use video to check whether his employees in the company comply with the safety distances recommended by Corona. He is also not allowed to transfer this data abroad.
This requires the co-determination of the works council. This is explained by the Labor Law Working Group of the German Lawyers' Association (DAV) with reference to a decision by the Wesel Labor Court (file number: 2 BVGa 4/20).
In this case, a large logistics company monitored its workers using cameras. The company checked whether the recommended safety distances were observed. For this purpose, the company checked recordings that were made as part of the company's video surveillance. They were stored on servers located abroad.
The works council opposed this in an urgent procedure. The labor court saw a violation of the co-determination right of the works council. In addition, the transmission of the data abroad contradicts the company agreement on the installation and use of surveillance cameras.
Arbeitsgemeinschaft Arbeitsrecht in the DAV
To the decision