Paper is a thing of the past: employers may send payslips purely electronically

Employers may provide payslips purely digitally. A printout in paper form is not required to meet the legal requirements. This has now been decided by the Federal Labor Court. However, employers must ensure that their employees can access the documents. The judges did not clarify whether a works council may decide on the use of digital portals.

Employer must ensure access to technology

According to the Industrial Code, employers are obliged to "provide their employees with a statement in text form". The federal judges ruled (case reference: 9 AZR 48/28) that an electronic portal fulfills this requirement and that the text form is complied with. They consider the right to a payslip to be a debt owed by the employee. Electronic retrieval is reasonable for them. However, companies must ensure that employees who do not have Internet access or a digital device at home can also access their statements.

In the case in question, a sales assistant at a supermarket chain took legal action against her employer. In accordance with a company agreement, all the company's employees receive their payslips exclusively electronically via an internal mailbox in which all personnel documents are made available. In court, the sales clerk argued that the works agreement could not replace her consent and that the statements had therefore not been properly delivered to her.

Works agreement does not restrict employee rights

After the Lower Saxony State Labor Court had initially upheld the claim, the federal judges rejected her case. Furthermore, they presumed that the provisions of the works agreement did not disproportionately restrict the employee rights of the salesperson. The judges did not clarify whether a works council is responsible for the introduction and operation of a digital employee mailbox in every case. The court in Hanover will have to decide on this. Works councils are not allowed to co-determine the use of ChatGPT in companies.

In parallel proceedings, a complaint also failed in the last instance before the federal judges. Citing freedom of action, the Mining, Chemical and Energy Industrial Union demanded that a sporting goods manufacturer hand over business email addresses or guest access to the intranet. This was the union's way of recruiting and informing members. The judges found that the demands were not justified by law and identified a loophole that the legislator would have to close (case reference: 1 AZR 33/24).

(sfe)