The works council in the company - a practical overview

The works council is a Central organ of co-determination in the company and shapes many personnel and organisational decisions in the company. It is important for employers to understand the role, rights and cooperation with the works council in order to act in a legally compliant and efficient manner. This overview shows the most important basics from practice.

What is a works council and how does it relate to the employer?

The works council is the elected representation of employees' interests in the company and at the same time a „supervisory body“. It is no opponent, but a statutory partner within the framework of co-determination in favour of the employees. The employer and works council work independently of each other, but are to the Committed to trusting co-operation. The aim is to strike a balance between company interests and employee protection.

What are the tasks of the works council?

According to Section 80 (1) BetrVG, the central tasks of the works council include

• Representation the interests of employees
• Monitoring compliance with laws, collective agreements and works agreements
• Participation for personnel measures (e.g. recruitment, transfers, dismissals)
• Co-determination for social and organisational issues in the company

The specific scope depends heavily on the topic in question and the legal requirements.

Participation levels of the works council

The rights of the works council can be roughly divided into five levels:

• Right to information: The employer must inform the works council in good time (Sections 80 (2), 99 (1), 111 BetrVG).
• Right to be heardThe works council must be consulted before every dismissal (Section 102 (1) BetrVG).
• Right of participationThe works council has monitoring, application and consultation rights (Section 80 (1) BetrVG)
• Right of co-determinationCertain measures are not possible without the consent of the works council; these are regulated conclusively by law (§ 87 BetrVG).
• Conclusion of works agreementsThese apply directly and mandatorily to the employees (§ 77 BetrVG).
• Residual mandateIn the event of closure, demerger or merger of the company, the works council remains in office to exercise the right of participation and co-determination (§ 21b BetrVG).

Correct categorisation is crucial for legally compliant processes in the company.

What good collaboration means from an employer's perspective

Effective cooperation with the works council is based on 
early involvement, transparency and clear communication. Companies benefit from structured coordination processes, fixed contact persons and timely planning. Conflicts often arise where participation rights are overlooked or taken into account too late.

By the way:

Find out everything employers need to know about works council elections here:

The works council election: What employers need to know

Company agreements as a central tool

Company agreements are binding regulations between the employer and the works council and create clear, uniform standards within the company - for example on working hours, mobile working or internal processes. Used correctly, they ensure Legal certainty, transparency and stable processes.

Conclusion

The works council is an integral part of corporate practice. Those who recognise participation rights, structure processes properly and focus on cooperation create a stable basis for legally compliant day-to-day activities.

If you have any questions on this or other topics, please contact us - we will be happy to advise you.

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