Employment Law
Works Council & Co-Determination
Advice for works councils and employers
Your Partner in Works Council Law
Betriebsverfassungsrecht (German Works Council Law) governs the cooperation between employers and employee representatives. As a complex area of law, it requires both works councils and employers to have sound legal knowledge in order to properly exercise their respective rights and duties.
Our certified specialist attorney for employment law Alexander Fuchs advises both works councils and employers on all questions of works council law. In doing so, we place great value on constructive solutions that preserve workplace harmony while taking the interests of all parties into account.
Establishing & Electing a Works Council
- Advice on the establishment of a works council
- Conduct of works-council elections
- Challenges to works-council elections
- Rules of procedure and management
- Training of works-council members
Co-Determination Procedures
- Co-determination in personnel measures
- Involvement in dismissals
- Withholding-of-consent procedures
- Conciliation-board proceedings
- Works-council right of initiative
Works Agreements
- Drafting and negotiation of works agreements
- Working-time and holiday arrangements
- Remuneration arrangements and performance-related pay
- Social matters under section 87 BetrVG
- Termination and amendment of works agreements
Operational Changes & Reconciliation of Interests
- Reconciliation of interests under section 111 BetrVG
- Social plan on operational changes
- Mass-redundancy notification
- Business transfer and business closure
- Compensation for disadvantages
Legal Protection of Works-Council Members
- Dismissal protection for works-council members
- Release from work duties
- Material and financial resources
- Protection from disadvantage
- Personality rights in the workplace
Labour-Court Proceedings
- Resolution proceedings under section 2a ArbGG
- Interim injunctions
- Cease-and-desist claims
- Criminal proceedings for obstructing works-council activity
- Damages claims
Key Deadlines
Works Council Election:
Every 4 years between March 1 and May 31
Co-determination on Dismissal:
Works council has 1 week to respond
Resolution Proceedings:
File application within 2 weeks of becoming aware
