Advice on works constitution law and drafting of works agreements
The Works Constitution Act grants the works council graduated participation rights that affect many business decisions. Those who know these rights and plan for them early can implement projects swiftly and with legal certainty. We advise you on day-to-day cooperation and draft works agreements.
The key points at a glance
Graduated participation rights
The Act distinguishes between rights to information, consultation, consent and full co-determination. The basis is the employer's comprehensive duty to inform under § 80 Abs. 2 BetrVG. Which level applies depends on the matter in question.
Social matters
In the matters listed in § 87 BetrVG, such as working hours, monitoring equipment or pay principles, the employer may act only with the consent of the works council. If no agreement is reached, the conciliation board decides.
Individual personnel measures
In companies that normally have more than 20 employees entitled to vote, the consent of the works council must be obtained under § 99 BetrVG for recruitments, transfers, grading and regrading. If the works council refuses, the employer may apply to the labour court for its consent to be substituted.
Works agreements
Under § 77 Abs. 4 BetrVG, works agreements apply directly and mandatorily to employees. Under § 77 Abs. 3 BetrVG, pay and other working conditions that are customarily governed by collective agreement cannot, in principle, be the subject of a works agreement.
How we proceed
We examine which participation rights a planned project triggers and what information must be provided to the works council.
We draft works agreements that clearly reflect your objectives and include provisions on term, termination and continuing effect.
We support you in your day-to-day cooperation with the works council, for example in consent procedures, training requests or cost issues.
Frequently asked questions
What are the consequences if the works council is not involved?
In the case of measures subject to co-determination, the works council may seek an injunction. According to case law, measures to the detriment of employees are also frequently invalid.
Can a works agreement be terminated?
Yes, with three months' notice, unless otherwise agreed. In matters subject to co-determination, however, the provisions continue to apply until a new agreement is reached.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich