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Co-determination and Compliance

By Redaktion techport.ai, HR-Beratung · Last updated on 21 August 2026

In most HR projects that stall, the works council (Betriebsrat) is not the cause, but the messenger. It asks questions that no one had asked before: What data does the system collect, who sees it, for what purpose, and for how long? Answering these questions only after the contract is signed leads to months of delays. Answering them beforehand gains you a partner.

In addition, regulation is becoming tighter: whistleblower protection, pay transparency, AI regulation, time recording, data protection. Each of these rules affects HR processes and HR systems. Compliance is therefore not an appendix, but part of process design.

Typical problems

The works council agreement (Betriebsvereinbarung) for the HR system is ten years old and knows neither cloud, nor AI, nor mobile data collection.
The works council is informed once the decision has been made, and reacts accordingly.
The whistleblower system is a letterbox. Reports still end up in the HR inbox.
No one has an overview of which legislative changes will affect HR in the next twelve months.
Data protection and co-determination (Mitbestimmung) are treated as obstacles, not as requirements that can be planned for like any other.

What we do in this field

We involve the works council in HR projects before decisions are made, and we develop works council agreements (Betriebsvereinbarungen) that regulate systems in a future-proof manner. We set up whistleblower systems so that they are used and meet statutory deadlines. And we operate a regulatory radar so that you know what is coming before it becomes effective.

Topics in this field

Priority topicHR Software and Works CouncilsEvery HR system is subject to co-determination, even without an intention to monitor. How to successfully introduce it with the Works Council: early information, framework works agreement, data protection concept, AI clauses.Complaint and Whistleblower ManagementSince December 2023, companies with 50 or more employees need an internal reporting channel. How to set up a whistleblower system that is used, adheres to deadlines, and retrieves complaints from the HR inbox.Living pageHR Regulatory RadarWhat applies, what is coming, what to do now. Updated continuously.

Frequently asked questions

Do we need a separate works council agreement for every new HR tool?

No. A framework works council agreement (Rahmenbetriebsvereinbarung) for IT systems, with a simple procedure for new systems and functions, saves both sides time. Individual agreements are only needed for systems with particular significance, such as time recording or performance assessment.

Are you legal advisors?

No. We design processes and systems in a way that ensures they comply with legal requirements, and we collaborate with your lawyers where legal advice is necessary. The boundary is important to us, and we define it clearly.

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