A ruling by the Cologne Regional Labor Court has upheld a decision handed down in the first instance court against a company which believed it had informed its works council, and in full compliance with legal provisions, about a recruitment procedure that was being supported by specialized software. The judges in the second instance court considered that the software provides new opportunities for comments and exchanges within the recruitment teams, and as such can also comprise important elements that should be provided to the works council.
A Works Council’s right to information on recruitment. Paragraph 99 of the German law on the organization of companies (Betriebsverfassungsgesetz or BetrVG) intends that companies with more than 20 employees and a works council (WC) must provide the WC with all the documents that are taken into account during recruitment procedures, starting from the call for applications and including the documents provided by the candidates. The same applies to the documents used or created ‘as and when’ by
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