Works council

The Betriebsrat (works council) represents the interests of employees vis-à-vis the employer in Germany (Works Constitution Act, BetrVG).

Founding:

• From 5 permanent employees (§1 BetrVG)
• Of whom at least 3 over 18 and with 6+ months in the company
• Simplified procedure: since 2021 up to 100 employees (previously 50)
• Under 20 employees: no more collecting signatures needed – 3 people call a meeting

Rights of the works council:

• Co-determination: working hours, breaks, overtime, part-time, home office rules
• Right to information: on dismissals, hirings, restructurings
• Participation: further training, social facilities, workplace rules

Protection against dismissal (the strongest in German law!):

• Ordinary dismissal during the term of office AND for 1 year afterwards is not permitted (§15 KSchG)
• Election committee: protected + 6 months afterwards
• Extraordinary dismissal only with the consent of the works council or labour court

Costs:

• Entirely the employer (§20 para. 3 BetrVG): election, training, release from work, materials
• Obstructing the founding: a criminal offence under §119 BetrVG (up to 1 year in prison!)