DV 53 - Regarding Desk Sharing Policies at Technische Universität Braunschweig

Historical books in the University Library
Unofficial Translation—the German original is legally binding

Between
Technische Universität Braunschweig
represented by the President

and the
Staff Council of Technische Universität Braunschweig
represented by the Chairperson

the following TU Braunschweig/Staff Council Agreement, hereinafter also referred to as staff council agreement, is concluded in accordance with § 78 NPersVG (Niedersächsisches Personalvertretungsgesetz [Lower Saxony Staff Representation Act]):

Preamble

With this staff council agreement, TU Braunschweig and the Staff Council aim to make workplace arrangements at the university significantly more flexible, avoid vacant office space, and thus use space in a sustainable and cost-effective manner. Desk sharing is being introduced as a complementary work model that promotes interdisciplinary exchange and enriches the daily work experience. At the same time, the presence of employees on campus is expressly encouraged, as direct interaction, personal collaboration, and a sense of belonging to the institution are highly valued at Technische Universität Braunschweig.

The subject of this agreement is working conditions for workstations and workrooms that are used on a rotating basis. The goal is to create a modern, flexible, sustainable, and healthy work environment while ensuring that space and floor area planning is both environmentally and economically efficient. The agreement thus supports the goal of making optimal use of offices or office workplaces.

Clear agreements foster trust in collaboration within the institution and, more broadly, ensure that duties are carried out effectively and efficiently at all times.

§ 1 Objectives

The introduction of desk sharing is intended to achieve the following objectives:

  • Preventing vacant space by optimizing the utilization of existing offices and workspace and reducing unused resources
  • Sustainable and cost-effective use of space through reduced space requirements, lower operating costs, conservation of resources, and a positive impact on the environmental footprint
  • Increased flexibility at TU Braunschweig, as employees can use different workstations depending on changing tasks and project phases
  • Promoting exchange and networking by providing opportunities for interdisciplinary interactions, informal discussions, and fostering a sense of community within the university
  • Strengthening a sense of belonging and a culture of presence by maintaining the university as a central hub for in-person interaction, even with flexible work models.

§ 2 Scope of Application

This staff council agreement applies to all employees of TU Braunschweig who fall within the scope of the NPersVG (Niedersächsisches Personalvertretungsgesetz/Lower Saxony Staff Representation Act).

§ 3 Legal Framework

The legal framework for desk sharing at TU Braunschweig is based in particular on the following legal provisions, which have to be observed in their current versions: Arbeitsschutzgesetz [Occupational Safety and Health Act] (ArbSchG), Arbeitsstättenverordnung [Workplace Safety Ordinance] (ArbeitsstättenVO) as well as the Betriebssicherheitsverordnung [Operational Safety Ordinance] (BetriebssicherheitsVO), Arbeitszeitgesetz [Working Time Act] (ArbZG), Niedersächsisches Beamtengesetz [Lower Saxony Civil Servants‘ Act] (NBG), Niedersächsisches Gleichberechtigungsgesetz [Lower Saxony Equality Act] (NGG), Niedersächsisches Personalvertretungsgesetz [Lower Saxony Staff Representation Act] (NPersVG), Niedersächsisches Datenschutzgesetz [Lower Saxony Data Protection Act] (NDSG), Tarifvertrag für den öffentlichen Dienst der Länder [Collective Bargaining Agreement for the Public Service of the States] (TV-L), Neuntes Sozialgesetzbuch [Ninth Social Code] (SGB IX).

§ 4 Definitions and Models

(1) Desk sharing is a work model in which, under certain conditions, desks and workstations are not permanently assigned to individual employees but are used flexibly by different people at different times. A distinction is made between the following desk-sharing models:

a) Within an organizational unit, two or more employees take turns using specific workstations in a designated workroom on predetermined days (anchor workstation). The anchor workstation model should be the standard practice.

b) Within an organizational unit, multiple workstations in a fixed workspace are used flexibly by multiple employees on a rotating basis, so that employees use whichever workstations are available within the total number of workstations assigned to them (flexible workstations).

(2) Desk sharing requires building and room layouts that allow for compliance with the provisions of this staff council agreement. Sharing a workstation requires that employees be able to work flexibly.

(3) For the purposes of this staff council agreement, an “organizational unit” refers to a distinct sector within the structures of TU Braunschweig that constitutes a self-contained area of work, within which supervisors, together with the employees assigned to them, continuously pursue specific operational objectives.

(4) Organizational units include administrative divisions, designated offices, central facilities and facilities similar to designated offices as well as research institutions, institutes, and faculties.

§ 5 General Principles

(1) All employees who have entered into an agreement with TU Braunschweig regarding telecommuting or a combination of telecommuting and remote working amounting to more than 50% of their regular working hours are required to participate in desk sharing, provided that the nature of their work justifies it.

(2) All employees who have entered into an agreement with TU Braunschweig regarding telecommuting, remote working, or a combination of telecommuting and remote working amounting to a maximum of 50% of their regular working hours may voluntarily participate in desk sharing, provided that the nature of their work justifies it.

(3) Employees shall be provided with a dedicated, permanent workstation if personal circumstances, the nature of the workplace, or the work to be performed warrant the assignment of such a workstation. This may be the case, in particular, if

a) personal (protective) considerations require that the workplace be equipped in a way that is accessible to people with disabilities and tailored to individual needs,

b) the job requires a workstation equipped with special work equipment, and the use of such equipment requires individual training or if the equipment requires special protection.

(4) This staff council agreement does not affect the employment relationships, the legal classification, or the status under civil servants’ regulations of the employees, unless otherwise expressly provided for in this agreement or in the resulting individual agreements.

(5) This staff council agreement does not establish a legal entitlement to use desk sharing.

§ 6 Equipment

(1) The workstations offered as “anchor” workstations or “flexible” workstations are equipped with the current standard furnishings and comply with the requirements of the Workplace Safety Ordinance and the Operational Safety Ordinance in their current versions.

(2) The workstation, as defined in § 4(1), includes as standard equipment a desk, an ergonomic (office) chair, a computer monitor, storage space, and connections to the IT and telephone systems of TU Braunschweig.

(3) In addition, each employee receives a personal set of equipment consisting of a keyboard, mouse, and headset.

(4) If the personal (protective) needs of employees or the nature of their work so require, modified or additional equipment (e.g., a second monitor) has to be provided in consultation with the supervisor.

(5) The desks to be used should be easily height-adjustable by employees - either without tools or electrically - and thus adaptable to their individual needs.

(6) Occupational safety personnel can provide advice as needed and train employees on workplace ergonomics.

(7) Employees will be granted the appropriate access and locking rights for the rooms that can be used for desk sharing.

§ 7 Procedure

(1) Participation in desk sharing and the proposed organizational measures will be discussed in advance between the supervisor and the employees of the organizational unit, taking into account their individual work schedules and operational requirements. Time needs to be set aside to address questions and suggestions.

(2) Desk sharing and desk rotation should not result in any substantial changes to work processes. Desk sharing should also not have a negative impact on social interaction within the organizational unit or on operational requirements. Where required for operational reasons, exceptions to paragraph 1 may therefore be made on a case-by-case basis, even at short notice.

(3) Participants in the desk-sharing programme select a desk-sharing workstation after consulting with their supervisor and register via the central booking platform used at TU Braunschweig. Until this booking platform is launched, alternative digital or analog booking methods may be used.

(4) On the days they are present, desk-sharing participants set up their workstations themselves using their personal work equipment.

(5) Participants in the desk-sharing programme are responsible for ensuring their own availability (in particular, forwarding phone calls and regularly checking their work mailbox). Specifics regarding availability have to be arranged through consultation between employees and their supervisors.

(6) Participants in the desk-sharing programme are responsible for keeping their workspace tidy and organized (“Clean Desk”). This includes, in particular:

a) At the end of their scheduled work shift, employees have to leave their workstation clean, tidy, and ready for use by other employees.

b) All records, documents, data storage devices, or confidential information, as well as personal items (mouse, keyboard, headset), have to be stored in cabinets or other lockable storage facilities provided for this purpose (e.g., rolling cabinets).

c) Participants in the desk-sharing programme are required to clean their workstation at the end of their booked work period so that other employees can use it immediately afterwards without any restrictions. Suitable hygiene and cleaning wipes and supplies of the specified quality have to be provided on the premises for cleaning the work surface.

(7) All activities related to desk sharing, such as reserving and occupying a workstation, cleaning, and tidying up, count as working time.

(8) An employee’s request to participate in desk sharing may be denied by a supervisor only if the supervisor provides a written explanation of the reasons.

(9) In the event of disputes between an employee and the relevant supervisor, the Staff Council may be consulted in an advisory capacity upon request. If the Staff Council is unable to mediate an amicable resolution, the personnel department may be involved in further conflict resolution at the request of the employee or the supervisor.

(10) Violations of the obligations or provisions in paragraphs 4 through 6 may result in legal consequences related to participation in telecommuting.

§ 8 Data Protection and Information Security

(1) Employees have to ensure compliance with data protection and information security regulations. These also apply without restriction to work performed at an anchor workstation or a flexible workstation.

(2) Employees have to protect confidential data and information—such as personal and work-related data, as well as operational secrets and trade secrets of companies and personal documents—in such a way that third parties cannot view or access them. For this purpose, rolling cabinets or other furniture (such as cabinets, sideboards, etc.)—or both—will be provided in the organizational units.

(3) Care has to be taken to ensure that unauthorized persons cannot eavesdrop on conversations containing sensitive information or otherwise gain access to confidential information. Workplaces and equipment have to be arranged in such a way that employees can fulfill this obligation.

§ 9 Accident Coverage, Liability

In the event of damage, loss, or theft of the work equipment provided, including the loss of data or files, the applicable statutory, collective bargaining, and civil servants’ regulations apply. Employees are liable for damages only in cases of intentional or grossly negligent breach of their duties.

§ 10 Qualification and Exchange of Experiences

Before commencing desk sharing, employees and their supervisors will be informed about this form of work in an appropriate manner. Even after starting desk sharing, training courses will be offered on the topics of change management, self-organization, special features of occupational health as well as information security and data protection.

§ 11 Evaluation

The policies on desk sharing at TU Braunschweig will be reviewed at the end of the twoyear trial phase. If necessary, specific topics are to be discussed and proposals for the future development drawn up.

§ 12 Severability Clause

Should one or more provisions of this staff council agreement be invalid, the remaining provisions will remain in force. The negotiating parties will immediately agree on a date to renegotiate the invalid passage.

§ 13 Entry Into Force and Termination

(1) This staff council agreement will enter into force on October 1, 2025. It is initially limited to a two-year trial period. Following a successful evaluation of this period, a further extension is possible.

(2) This staff council agreement may be supplemented and amended at any time by mutual agreement. Supplements and amendments have to be made in writing.

(3) The agreement may be terminated with four months' notice to the end of the year, at the earliest on December 31, 2026.

The President
of Technische Universität Braunschweig

Staff Council of Technische Universität
The Chairperson