By law, the works council represents the interests of the company’s employees. It may consist of one or more employees, depending on the size of the company. It exercises co-determination rights and other participation rights in its own name, without being bound to the support of the employees.
Cooperation with the employer should be based on trust. Accordingly, the works council must cooperate with trade unions represented in the company, but also with employers’ associations for the benefit of the employees (Section 2 (1) BetrVG).
Why isn’t there a works council in every company?
In order to be able to elect a works council, a company must have at least five permanent employees and trainees who are entitled to vote, three of whom are also eligible for election (Section 1 BetrVG). Anyone who is at least 18 years old and has worked in the company for at least six months is eligible for election (Section 8 (1) sentence 1 BetrVG). Company bodies and executives are neither entitled to vote nor eligible for election. Whether an employee works full-time or part-time has no bearing on eligibility or the right to vote.
Even if the company in which you work meets the above requirements, this does not mean that there has to be a works council. There is no obligation to elect a works council, only a right of the workforce to set one up. The employer may not stand in the way of this, but does not have to work towards works council elections either.
Composition and structure of the works council
The works council needs a chairperson in order to be able to work. The chairperson and a deputy are elected from among the members of the works council (Section 26 (1) BetrVG). The task of the chairperson (or their deputy) is to represent the works council externally, i.e. to make and receive statements on behalf of the committee (Section 26 (2) BetrVG). They also convene and chair works council meetings (Section 29 (2) BetrVG).
The more employees work in a company, the higher the number of works council members. Works councils that are so large that they have nine or more members must also form a works committee. The number of committee members depends on the size of the works council. The primary task of the works committee is to manage day-to-day business, i.e. to prepare works meetings and works council meetings and to hold consultation hours. However, other tasks can also be assigned to it. For example, this can be the consultation of the works council before a dismissal is announced (Section 28 BetrVG).
Gender quota in the works council
The gender that is in the minority in the workforce must be represented on the works council at least in accordance with its numerical ratio if it consists of at least three members (Section 15 (2) BetrVG). The distribution of seats is calculated according to the so-called D’Hondt method (also: maximum number method), § 5 – Election Regulations (WO).
Works Council stands up for employee rights in the company
First and foremost, the works council is the link and point of contact for representing the interests of employees vis-à-vis the employer or for passing on suggestions and ideas to the employer.
The general tasks of the works council are also regulated in § 80 Para. 1 BetrVG. Among other things, it monitors compliance with laws, ordinances, accident prevention regulations, collective agreements and works agreements. The following topics also fall within its remit:
- Enforcement of equality between women and men
- Promoting the compatibility of family and career,
- Promote occupational health and safety measures and operational environmental protection,
- Promote the integration of severely disabled persons and other particularly vulnerable persons,
- Promote the employment of older workers,
- Promoting the integration of foreign employees and initiatives against racism and xenophobia in the workplace.
Consultation and participation rights and works agreements
To ensure that the works council can actually carry out its duties, it is granted certain consultation and participation rights by law. These can be found, for example, in Section 98 BetrVG for the implementation of company vocational training measures and in Section 87 BetrVG for social matters.
The works council can also conclude works agreements. As concluded works agreements must be complied with, they can be used to regulate important issues. In particular, there are therefore works agreements to regulate matters subject to co-determination, but there are also voluntary works agreements.
How can the works council help individual employees?
In principle, employees can turn to the works council at any time with their problems and concerns arising from the employment relationship. In consultation with the employer (Section 39 BetrVG), the works council can also offer consultation hours during working hours. Employees must not suffer any disadvantage as a result of making use of these consultation hours.
The works council can also help employees by providing information at the works meeting and in the form of information sheets and questionnaires and by drawing attention to grievances in the company. The works council may also use the usual means of communication in the company, such as the intranet or e-mail correspondence.
Works council: time off for activities
A works council should be elected if there are 5 or more employees in a company. Members of the works council with 200 or more employees are entitled to (partial) leave of absence from work in order to be able to devote themselves to the activities of the works council.
The employer can also request time off from work for training or further education measures.
Protection against dismissal for members of the works council
Even if the work on the works council is strenuous, it has one particular advantage: The employment relationship of works council members cannot simply be terminated. § Section 15 KSchG prohibits ordinary dismissal; extraordinary dismissal is only possible with the consent of the works council (Section 103 (3) BetrVG).
Under the Works Council Modernization Act, protection against dismissal already applies to employees who are involved in the works council election before an election meeting takes place. Employees are also protected if they invite employees to a works or election meeting or have applied for the appointment of the election committee by the labor court.
A works council rarely comes alone: GBR, KBR, EWC and SE-WC
As the BetrVG refers to the “establishment” and not the “company”, there may be several works councils in one company. In such cases, the BetrVerfG stipulates that a general works council (GBR) should be formed at supra-company level. Each works council delegates up to 3 members to the central works council, so it is not formed directly by employees. The central works council is responsible for matters that affect the entire company or several companies and cannot be regulated by the individual works councils within their companies.
A group works council (KBR) can be set up within a group by resolutions of individual central works councils. A KBR is not mandatory and is therefore at the discretion of the central works councils.
There is also the European Works Council (EWC) for companies and groups of companies operating across borders in the European Union or the European Economic Area.
If the company is an SE (Societas Europaea / European Company), the international interests of the employees can also be represented by an SE works council.
Works council elections are held every four years
After the election is before the election. Because every 4 years the time has come: works council elections are due – and they are uniform throughout Germany!