Ruling By German Labour Court Limits Unions' Digital Access Rights

Since the Covid-19 pandemic and the resulting move toward home office for many employees, unions have been looking for ways to enter employers virtually, in order to get in touch with their members and to attract new members through advertising. The Federal Labour Court has recently set important limits on this effort.

The rights of trade unions are not extensively addressed by existing German legislation. The focus is on unions' freedom of association, which is constitutionally protected. In principle, this allows them not only to address their members in order to maintain and secure their existence, but also to inform non-organised employees (or employees who are organised differently) about their activities and to recruit them as new members. Classic union advertising measures include postings on bulletin boards, distributing flyers, and holding 'advertising events' during break times. Unions generally have a legal right of access to the company premises for