A works council is being formed

Employees in your German operation are calling for the election of a works council, or a trade union announces the initiative.

What matters now

  • The election must neither be obstructed nor influenced; that is a criminal offence. Initiators and candidates enjoy special protection against dismissal.
  • The employer must support the election, for example with documents and rooms, and bears the costs.
  • With a works council, co-determination rights apply, among others for working time, hiring, dismissals and technical systems such as software and IT.
  • Existing processes, policies and IT systems should therefore be reviewed now.
  • Factual cooperation from the outset saves later conflicts.

Documents I need

  • the invitation or notice of the election
  • details of operations, sites and headcount
  • existing policies and an overview of the IT systems in use
  • employment contracts and collective bargaining coverage

Next steps

Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. How we work together and how fees are charged is explained under How we work together.

More: Employment law.

This page gives a general overview of German law and does not replace advice on the individual case.

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