Court allows KLM to implement online time-recording system

The Amsterdam District Court recently upheld KLM’s claims in an action against its works council regarding the implementation of an online time-recording system. This system registers the time that employees need to carry out maintenance on aircraft. The works council withheld its consent.

To safeguard its competitive position, KLM wished to have an online time-recording system in place. The works council objected because of the consequences that the system might have for the staff. The works council would have been willing to give its consent to implementation only if time registration were to be anonymous. However, the court adopted KLM’s view that this would not be a reasonable alternative, since a check on whether employees are using their time constructively is desirable. The court held that the guarantees given by KLM and the codes of conduct in place offer sufficient safeguards against any “abuse” by KLM.

The most striking feature of the ruling is that the court acknowledged that the Dutch Personal Data Protection Act sets special rules for transferring personal data to countries outside the EU. The works council held that KLM had not provided enough safeguards in this respect. The court ignored this and held that the works council had failed to sufficiently substantiate this position.

This ruling will be acclaimed by employers whose works councils refuse to grant consent, while employees must realize that they need to put more work into substantiating their arguments.

For more information, please contact Dr Elisabeth Thole, IT Practice.

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