A Works Council is a group of employees elected to represent the workforce's interests within a company. They work to ensure that employees have a say in decisions affecting their work environment and conditions.

The establishment and functioning of Works Councils in Germany are governed by the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). This law outlines the rights and responsibilities of Works Councils, including their role in representing employees, negotiating agreements, and ensuring fair working conditions.

Having a Works Council is important because it gives you and your colleagues the opportunity to influence workplace decisions. A Works Council helps ensure that your voice is heard, promotes transparency in the workplace, and can create a more equitable work environment. It can also be crucial for negotiating fair agreements, improving work-life balance, and ensuring the proper implementation of labor laws.

A Works Council:
• Participates in decisions about working hours, pay structures, and workplace rules.
• Is consulted on topics like hiring plans, employment contracts, and layoffs.
• Ensures compliance with labor laws, collective agreements, and safety regulations.

The Works Council meets regularly with the employer to discuss workplace issues. Both sides are expected to collaborate respectfully and constructively for the benefit of all employees and the company.

In Germany, if your company has at least five permanent employees, you can start a Works Council. All employees aged 16 and above can vote, and those aged 18 and above with at least six months at the company can be elected.

When a Works Council is newly established, elections can be held immediately. The term of office for Works Council members is typically four years. Once the council is formed, the first election determines the length of the term, and subsequent elections are held every four years.
Elections for Works Councils in Germany usually take place between March and May in the year when the election cycle begins (2026, 2030, …). The election process is overseen by an election committee. During the election process employees can nominate themselves as candidates.

If needed, elections can also be held earlier (for example, if members step down or a new council is required due to changes in the workplace). The election procedure is also regulated by the Works Constitution Act (BetrVG), ensuring fair and transparent elections for all employees.

Starting a Works Council involves several key steps, and although the process can take several weeks or months, it is manageable. Here's an overview of the process:

• Speak to Colleagues and Form a Group
  The first step in starting a Works Council is to talk to your colleagues. It’s important to form a group of like-minded employees who are willing to take on this project together. At the beginning, it may be wise to handle the matter confidentially and speak only with trusted colleagues. This ensures that you have solid support before moving forward. Additionally, it is crucial to reach out to your union for advice and support.
• Eligibility Check
  The company must have at least five employees. This is enough to establish a Works Council. The size of the Works Council depends on the number of eligible employees.
• Even if a majority in the company is not required for the establishment of a works council, it would be good if the general opinion towards the establishment is positive.
• Election of the Works Council
  If there is no Works Council yet: an election committee (Wahlausschuss) is elected at a first meeting (Betriebsversammlung).
  If there is a works council: it appoints the election committee.
  The election committee organizes the election of the works council members. This involves receiving the nomination of the employees who want to candidate and conducting a secret ballot to ensure fairness and transparency. Once elected, the Works Council can start immediately.
• First Meeting and Establishing the Council
  After the election, the new Works Council holds its first official meeting. Here, the members elect officers (such as a chairperson), set internal rules, and begin their work representing the employees, negotiating with management, and ensuring workplace fairness.
• Duration
  The entire process, from voting to the first meeting, can take several weeks or months, depending on the size of the company. Once formed, the Works Council operates until the next regular elections are held.
• Legal Protection Against Dismissal
  As employers can be opposed to the establishment of Works Councils, it makes sense to treat the initial planning steps confidentially. To protect people who want to set up a Works Council, the initiators and members of the election committee are protected against dismissal. This protection starts as soon as you announce your intention to set up a Works Council, such as by sending an invitation for the works meeting.

Starting a Works Council can seem complex, but it is achievable. At GEW Hessen, we're here to guide you through every step of the process to ensure success. Don’t hesitate to reach out!

No, it's against the law for employers to prevent the formation of a Works Council. Any attempts to do so can lead to legal consequences. You're protected by law when starting and establishing a Works Council.

If your question isn’t answered here, feel free to get in touch with us! We’re happy to support our members with advice and guidance on any issues related to Works Councils, labor rights, and workplace democracy. Don’t hesitate to reach out – together, we can find the solutions you need.