Digital Access Right of the Trade Union to the Company

The Covid pandemic with the lockdown of businesses and the obligation to work from home has led to a de-industrialization. The traditional access of trade unions to businesses and workforces has thus been made more difficult, so that digital access rights to workforces working outside the business are of greater importance. The employer is not obliged to actively distribute or forward trade union information to his employees using his own resources (ArbG Bonn, Judgement of 11.5.2022 – 2 Ca 93/22, NZA-RR 2022, 351) or to maintain or operate a trade union page in his intranet using his own resources (ArbG Hamburg, Judgement of 31.3.2022 – 4 Ca 248/21, AuA 07/2022, 59). This applies at least when he grants the trade union the opportunity via his intranet to provide information to all employees, i.e. the trade union operates its own page or has it operated by union members, which is the practical solution.