New case law – question regarding the scope of the duty to provide information under Section 19 a of the Co-determination in the Workplace Act (AD 2026 nr 25)

Under Section 19a of the Co-determination in the Workplace Act, an employer who is not bound by a collective agreement must keep trade unions whose members are employees of that employer regularly informed about the development of the business in terms of production and finances, as well as about the guidelines for personnel policy. For seven months, a company failed to provide any information to an employee organisation. The employee organisation did not claim that anything in particular had occurred in the company’s operations during the period in question. The parties have disputed whether the company has breached Section 19a of the Co-determination Act. Noting that it had not been shown in the case that any specific event had occurred, nor had it been claimed that the company intended to take any decision that could affect the members of the trade union during the period, the Labour Court found that there was no obligation on the company to provide any information to the trade union during the period in question. The Labour Court also stated that the requirement for information to be provided on an ongoing basis means that information must be provided as soon as possible, not at fixed intervals.

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