Works councils have a particularly high amount of protection. The employer should therefore, at all costs, refrain from obstructing, disadvantaging or promoting the work of the works council. If an employer violates this principle, such violations are penalised by fines or imprisonment. If the employer violates other rights of the works council, the works council…
Category: WC Facts
WC Facts
RESTRUCTURING: RECONCILIATION OF INTERESTS AND SOCIAL PLANS
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If the employer is planning on restructuring in Germany, in the case of operational changes, the employer is obligated to negotiate a reconciliation of interests before implementing the operational changes. Operational changes include, for example, a closure, relocation of operations, or fundamental changes to the company organisation. The reconciliation of interests regulates the individual personnel…
WC Facts
CODETERMINATION RIGHT FOR HIRING, TRANSFERS, AND DISMISSALS
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The employer is obligated to inform the works council before hiring or transferring an employee and submit the necessary documents to the works council. If the works council refuses to give its consent to the aforementioned personnel measures in accordance with the statutory requirements, the employer is obligated to obtain such consent to the personnel…
WC Facts
INFORMATION, CONSULTATION, AND CODETERMINATION RIGHTS
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With regards to the rights of the works council, a differentiation is made between information, consultation, and codetermination rights. With regards to social matters, the works council has a comprehensive codetermination right. Comprehensive means that the employer is not authorised to implement measures in the following areas if a mutual agreement in this regard has…
WC Facts
COSTS OF THE WORKS COUNCIL
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The employer alone bears the costs resulting from the work of the works council. In this respect, the works council does not have any assets or funds. Additionally, the employer must provide the necessary rooms, material resources, information and communications technology, and office personnel for the works council meetings, office hours, and day-to-day business. If…
WC Facts
WORKS COUNCIL MEETINGS, WORKS COUNCIL ASSEMBLIES
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As far as considered necessary by the works council, the works council is entitled to hold works council meetings during which topics of concern for the works council are discussed. Such meetings are generally conducted once a week. All members of the works council attend these meetings. The meetings are not open to the public…
WC Facts
SPECIAL PROTECTION AGAINST DISMISSAL
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Members of the works council have special protection against dismissal. This means that their employment relationships can only be terminated for an important reason and with the consent of the works council committee. If the works council committee does not consent to the intended dismissal of the works council member, the employer is obligated to…
WC Facts
WHO DOES THE WORKS COUNCIL REPRESENT
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The works council represents all employees. In contrast, the works council does not represent managing directors, managing boards, or senior staff members.
WC Facts
ESTABLISHMENT OF A WORKS COUNCIL
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A works council can be elected in Germany in operations normally having at least five employees. Whether a works council should be elected in an operation is decided exclusively by the employees. Preventing a works council election in Germany is punishable under criminal law. The size of the works council to be elected depends on…