Professional Secrecy and Representation Rights in Labor Law

Duty of Professional Secrecy

Members of the company (Art. 65.2 ET) and personnel delegates (Art. 62.2 ET) must observe professional secrecy regarding the following issues:

• Matters referred to in paragraphs 1, 2, 3, 4, and 5 of Art. 64 ET.
• Information the company expressly qualifies as reserved, provided such issues are objectively sensitive.
• Documents delivered by the company, which cannot be used outside the scope of the business or for purposes other than those for which they were provided.

Meaning of the Duty of Confidentiality

This duty requires using information obtained during representative functions with caution and strictly within the business scope. A broad interpretation of this duty is prohibited if it prevents employee representatives from exercising their powers, such as:

• Informing represented employees on matters affecting their relations.
• Ensuring compliance with covenants and practices relating to employment, social security, and health and safety through relevant legal actions.

Temporal Scope and Breach

The duty of confidentiality applies during the term of the mandate and continues after its expiry. A breach of this duty may result in disciplinary dismissal for a violation of the duty of good faith.

Responsibilities of Unitary Representation Bodies

Regulatory Sources

Articles 64 and other precepts of the Workers' Statute (ET) grant various powers to unitary representation bodies. Transgression of the rights to information, hearing, and consultation by the employer is considered a grave responsibility.

Powers Under Article 64 ET

A) Rights of Passive Information

The right to be informed by the employer on issues related to Art. 64.1, 2, 3, 4, and 5 ET, with the frequency and extent expressed in each case.

B) Rights of Active Information

• The right to be consulted and issue reports on matters referred to in Art. 64.5 ET.
• These reports must be submitted within 15 days (Article 64.6 ET).

C) Right to Inform Represented Employees

The right to inform represented staff on the issues mentioned above that may affect their employment (Art. 64.7 ET).

D) Right to Collaborate with the Company

• Managing the company's social work for the benefit of workers and their families, as provided in the collective agreement.
• Establishing measures for the maintenance and improvement of productivity in the company, as provided in the collective agreement.