Works Council Guide

The works council is the elected representation of employees within the company. Its tasks and rights are defined in the German Works Constitution Act (BetrVG).

The works council ensures that laws, collective agreements and works agreements are respected in the workplace and represents the interests of employees towards the employer.

Typical topics include:

• working time arrangements
• transfers and personnel measures
• health protection and workplace safety
• introduction of new working methods or technical systems
• social and organisational matters within the company

Important: The works council does not act on behalf of the employer. It represents the interests of the employees.

Many decisions in the workplace therefore cannot be taken without the participation of the works council. In certain areas the works council has full co-determination rights.

This means that certain measures cannot be implemented without the approval of the works council.

Co-determination in the workplace is therefore not a concession by the employer but a legal right of employees.

The rights of the works council are regulated in the Works Constitution Act (BetrVG). Depending on the topic, the works council has different participation rights.

Right to Information

The employer must inform the works council about important developments in the company, such as organisational changes or economic developments.

Example: If a new department is created or major structural changes are planned, the employer must inform the works council.

Right to be Heard

In certain decisions the employer must consult the works council. This applies for example to dismissals.

Without consulting the works council, a dismissal can be legally invalid.

Participation Rights

In some areas the employer must not only inform the works council but also consult it in order to find a solution together.

Co-Determination Rights

In certain social matters the works council has real co-determination rights. A measure can only be implemented if the works council agrees.

• working time rules
• holiday principles
• workplace regulations
• technical systems that monitor behaviour or performance

If employer and works council cannot reach an agreement, a conciliation committee may decide on the matter.

In companies with several sites there is usually both a local works council and a central works council.

The local works council is responsible for issues that affect its own site.

The central works council becomes responsible only when a matter affects several sites and cannot be regulated by a single works council.

This does not mean that central regulation is simply more practical. The central works council is only responsible if the issue must necessarily be regulated across sites.

Example

If an IT system is introduced that applies to all company sites, a regulation at central works council level may be necessary.

However, matters such as working hours, transfers or local organisational processes normally belong to the responsibility of the local works council.

Principle of the Works Constitution

What can be regulated locally should be handled locally. Strong employee representation means dealing with issues close to the workforce.

A works agreement is a binding agreement between the employer and the works council.

It applies to all employees in the company.

A works agreement is negotiated between both sides. The employer cannot introduce it unilaterally and the works council cannot decide it alone.

If no agreement is reached, the existing legal or collective regulations continue to apply.

Typical topics

• working time regulations
• mobile work or home office
• use of IT systems
• data protection
• health and safety
• time recording systems

If employer and works council cannot agree on a co-determination matter, a conciliation committee may decide on the final regulation.

A transfer occurs when an employee is assigned a different area of work that significantly changes their job, workplace or position within the company.

According to the Works Constitution Act, a transfer can occur for example when:

• the tasks or responsibilities change significantly
• another department or workplace is assigned
• the place of work changes permanently
• the change lasts longer than one month

Participation of the Works Council

The employer must involve the works council before implementing such a measure.

The works council checks whether the measure is justified, whether legal regulations are respected and whether employees are disadvantaged.

If the works council objects under certain legal conditions, the employer may have to clarify the matter in court.

What does list voting mean?

In a list-based election, you do not vote for an individual person, but for an entire list (e.g. list 1 or list 2). You have one vote and choose the list you want to support.

How are the seats distributed?

The seats in the works council are distributed according to the share of votes (d’Hondt method). The more votes a list receives, the more candidates from that list are elected – in the order of the list.

What your vote decides

Your vote determines how strongly a list is represented in the works council.

Multiple lists – what does that mean?

Multiple lists do not automatically mean conflict – they simply give you a choice.