Works agreement for employee surveys

Involving the works council and concluding a works agreement

A works agreement can set out important framework conditions for an employee survey. Works or service agreements are not required in every case for anonymous employee surveys. However, they can improve acceptance, increase willingness to participate and therefore help to achieve a better response rate. As with other works agreements, an agreement is concluded jointly by the employer and the works council.

The German Works Constitution Act governs whether and how the works council should be involved in survey projects and whether employee surveys should be conducted on the basis of a voluntary works agreement. In particular, approval requirements and the employee representatives’ co-determination and information rights must be considered. Personnel questionnaires, for example, require the approval of the works council (§ 94 BetrVG). According to the prevailing legal view, online and computer-assisted employee surveys are subject to co-determination because such technical arrangements may be used to monitor employees’ performance and conduct (§ 87(1) no. 6 BetrVG). The works council may also request information from the employer about employee surveys where the findings fall within its remit. This includes surveys carried out as part of occupational health and safety measures.

Whether or not it is legally required, it is generally advisable to involve the works council in survey projects.

For employee surveys, the works council may request information about the analysis if the findings are likely to concern its responsibilities. Read more about why it is generally advisable to involve the works council in survey projects.

This article provides initial guidance and does not replace legal advice for an individual case.

Contents and provisions of works agreements

Works agreements are concluded between the employer and the works council and contain binding rules for employees in a business. Voluntary works agreements can set out the framework conditions for employee surveys. They often cover details that inform employees about the purpose and content of the survey, as well as participation, anonymity, procedure and data protection.

Details that can be set out in a works agreement include:

• Voluntary participation in surveys and protection from disadvantage
• Safeguarding anonymity
• Data protection provisions
• Time off to complete the survey
• Involvement of employee representatives and opportunities for participation
• Information about the questionnaire and the wording of questions
• Information about how the analysis will be carried out, for example:
  • Analysis criteria such as aggregated results and minimum group sizes
  • Those authorised to analyse the results and access rights
• Information about presenting the results: who will be informed, when, by whom and how?
• Information about implementing change and follow-up measures
• Reference to regular follow-up surveys

“The content of a works agreement can include all matters for which the works council has a statutory right of co-determination. A distinction must be made between enforceable works agreements and voluntary works agreements.” Source: Wikipedia

Example of a works agreement

Measures that can be governed by works agreements under § 88 BetrVG include measures for environmental protection within the business. An employee survey on environmental protection in the workplace, followed by planned and implemented measures, could for example be supported by the following sample works agreement:

Topics and objectives of employee surveys

The objectives of employee surveys can vary widely. Surveys are generally used to gather feedback on specific topics and to develop improvement measures. The purpose of a survey often arises from a particular occasion. Further information about occasions for employee surveys is available here: occasions, examples and planning steps.

Possible objectives of employee surveys include:

• Maintaining quality management
• Increasing employees’ identification with the company and employee retention
• Measuring and improving employee satisfaction and motivation
• Examining and improving the working environment
• Analysing and optimising communication processes
• Promoting health
• Risk assessment
• Identifying and reducing structural deficits
• Identifying organisational weaknesses
• Examining managers’ leadership behaviour
• Identifying training needs
• Staff development

Employee surveys

Detailed information about creating and conducting employee surveys, including their benefits and objectives, is available here: examples, rules and templates for employee surveys.

What is LamaPoll?

LamaPoll is a survey tool for creating employee surveys and measuring employee satisfaction. You can use it to create, conduct and analyse all types of employee survey. Create your employee survey in just a few steps, apply your organisation’s corporate design and invite employees conveniently by email or via your intranet. You can quickly gain insights that help improve employee satisfaction. You can register for our survey tool free of charge and immediately conduct surveys for up to 50 employees with no obligation. If you need more responses to your online employee survey questionnaire, simply choose one of our monthly plans. You can also use our employee survey questionnaire templates and examples.