Conducting negotiations with works councils and trade unions, and representation before conciliation boards
Many employment law projects can only be implemented with the agreement of the works council or trade union. Good preparation and a clear negotiating strategy are just as important as knowledge of the legal framework. We conduct negotiations on your behalf or support your negotiating team.
The key points at a glance
Cooperation in good faith
Under § 2 Abs. 1 BetrVG, the employer and the works council are obliged to cooperate in good faith. They should negotiate disputed issues with a genuine desire to reach agreement. Industrial action between the employer and the works council is not permitted.
Conciliation board
If the parties to the works constitution cannot agree on matters subject to co-determination, the conciliation board decides under § 76 BetrVG. It consists of an equal number of members appointed by each side and an impartial chair. In these cases, its ruling replaces agreement between the parties.
Appointment by the court
If the parties cannot agree on the person of the chair or the number of members, the labour court decides in expedited proceedings. A ruling of the conciliation board may be subject to judicial review within certain deadlines.
Negotiations with trade unions
Collective bargaining takes place within the framework of the freedom of collective bargaining protected by Art. 9 Abs. 3 GG. Industrial action is permitted only to pursue objectives that can be regulated by collective agreement and subject to the peace obligation and the principle of proportionality.
How we proceed
We analyse your objectives, the legal starting position and the interests of the other side. On this basis, we develop a negotiating strategy with clear positions and room for manoeuvre.
We conduct the talks or support your team, and record the results in legally robust agreements.
If the matter goes to the conciliation board, we act as members of the board or as authorised representatives and present your position in writing and orally.
Frequently asked questions
Who bears the costs of the conciliation board?
Under § 76a BetrVG, the costs are borne by the employer. These include in particular the remuneration of the chair and of external members.
Must agreement always be sought before the conciliation board?
No. The conciliation board should only be called upon once negotiations have failed. In many cases, disputes can be resolved beforehand through structured discussions.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich