Works council

The members of the works council must be released from their duties for a sufficient amount of time to exercise their tasks. They must continue to be paid during such periods.

At the request of the works council, in companies

• with more than 150 employees, one member of the works council
• with more than 700 employees, two members 
• with more than 3,000 employees, three members, with one further member for every additional 3,000 employees

must be completely released from other duties.

Monitoring

The works council is entitled to monitor compliance with the legal provisions applicable to the company's employees. For this purpose, employers must grant the works council the right to inspect the company's internal records pertaining to its employees (e.g. wage and salary lists, staff records).

Moreover, employers must:

• immediately inform the works council of any occupational accidents;
• invite the works council to participate in company inspections by the authorities or the Labour Inspectorate;
• inform the works council of scheduled negotiations and the intervention of official bodies.

Intervention

The works council is entitled to request that employers take measures to remedy any shortcomings with respect to affairs concerning employees' interests. The works council has the right to make proposals on improving working conditions, in-house training, accident prevention and creating a healthy working environment.

General information

Employers have an obligation to report to the works council, upon its request, about any issues pertaining to the economic, social, health-related or cultural interests of the company's employees.

Employers must inform the works council about automated processing of personal employee data, and enable it to verify the reasons for such processing.

Consultation

It is obligatory for employers to conduct joint consultations with the works council at least every quarter, or every month if requested by the works council, in order to discuss ongoing issues, general management principles with respect to social, staffing, economic and technical matters, and the nature of labour relations in the company, and to inform the works council of any important matters. The works council must be provided with the documents necessary for this consultation, where requested.

Occupational safety

With respect to all aspects of health and safety, employers must in particular:

• inform the works council of any relevant matters in good time
• ask the works council for its opinion in good time
• consult with the works council the matters in question
• grant the works council access to documents, records and reports

Furthermore, employers must consult the works council on any planned recruitment or dismissal of safety staff and occupational physicians.

Deadlines

The time limits vary depending on the individual obligations.

Right to information on staffing

Employers must inform the works council in good time of future staff requirements and the staffing measures planned in that respect.

Recruitment of employees

Employers must notify the works council immediately whenever a new employee is recruited. This notification must provide information about the intended role and grade of the employee, their wage or salary, and any agreed probationary period or time limitation on the employment relationship.

Transfers

Employers must notify the works council immediately of any permanent transfers of employees to another site. It must be consulted thereon if requested. If the transfer to another site is associated with a deterioration in pay or other working conditions, the works council must grant its approval in order for the transfer to take legal effect.

Promotions

Employers must inform the works council of any intended promotions as soon as possible, and must consult the council upon its request.

Dismissals

Employers must inform the works council before making any dismissals. The council will have one week to produce its opinion on the dismissal. At the request of the works council, it must be consulted on the dismissal within this one week consultation window.

Redundancies

Employers must inform the works council immediately about any redundancies, and must consult it with respect to such redundancies within three working days after notification if requested.

Deadlines

The time limits vary depending on the individual obligations.

Participation with respect to on-the-job vocational training and education

Employers must inform the works council about planned measures with respect to in-house vocational training and education or retraining. The works council is entitled to submit proposals with respect to in-house vocational training, education and retraining, and to request the implementation of measures. Employers are under an obligation to discuss such proposals and requests with the works council.

Participation with respect to in-house welfare facilities

The works council is entitled to participate in the management of in-house welfare facilities.

Deadlines

Information on training and education is to be provided at the earliest convenience.

Information, intervention and consultation rights on economic affairs

Employers must inform the works council about the economic and financial status of the company and its projected development, the nature and degree of production volumes, order volume, sales by volume and by value, investment plans and other planned measures to increase the profitability of the company. At the request of the works council, it must be consulted regarding this information.

The works council must be provided with the necessary documentation, where requested.

Participation with respect to changes in the company

Employers have an obligation to provide the works council with sufficiently complete information about any planned changes in the company in a timely manner so as to allow the works council to draw up an opinion and to allow consultations to be held on such changes between the employer and the works council.