Works Council

The elected workforce representation in any business with normally at least five employees entitled to vote (§ 1 Betriebsverfassungsgesetz). The works council holds wide-ranging co-determination, consultation and information rights.

In social matters under § 87 BetrVG – such as working hours, holiday principles, remuneration structures or the introduction of monitoring technology – the works council has genuine co-determination: the employer may not act without its consent. For individual personnel decisions such as hires, transfers or dismissals (§§ 99, 102 BetrVG) it must be consulted in advance; any dismissal issued without proper consultation is invalid.

Members of the works council enjoy special protection against dismissal under § 15 Kündigungsschutzgesetz. For both employers and employees, legal advice is essential as soon as fundamental issues arise – such as a planned restructuring, a balance-of-interests negotiation or a social compensation plan.