German Works Council Law – Compact 1

In this seminar, you will receive a compact introduction to the German Works Constitution Act (Betriebsverfassungsgesetz – BetrVG). You will become familiar with the essential rights and duties as well as the organisational foundations of the works council. The course provides an initial overview of participation rights, with a particular focus on co-determination in personnel matters.

To effectively exercise the works council’s participation rights, you must understand the core legal responsibilities and entitlements of the body. Only with this knowledge can you act in a legally secure manner and assert your co-determination rights with confidence and focus.

Your Role – Representing Employee Interests Effectively

• Voice of the workforce – What do colleagues or the employer expect?
• Teamwork within the council – Practical advice for successful collaboration

Your Toolbox – Legal Basis of Works Council Work

• Legal thinking for works council members – a vital introduction
• Legal sources: Acts, collective agreements, works agreements, employment contracts
• Hierarchy of norms and the favorability principle – Clearly explained with practical examples

What Are Your Rights – What Are Your Duties?

• Works council activity as honorary office: Prohibition of discrimination or favoritism
• Special protection against dismissal – Safeguards against illegal sanctions
• Don‘t forget: Duty of confidentiality and obligations of secrecy
• Training entitlement under § 37 para. 6 and 7 BetrVG – Your statutory right

Organization of the Works Council Body

• Duties and powers of the works council chairperson
• Formation of committees and working groups
• Works council office: Tips for effective organization and data protection
• Role of trade unions and employers‘ associations

Cooperation Within and With the Committee

• Works council meetings and resolutions – In-person and virtual formats
• Monthly meetings with the employer – How to shape them effectively
• Consultation hours and dealing with employee complaints
• Your entitlements: Costs and material resources for the works council
• Helpful support: Consultation by experts and legal counsel – especially for the use of artificial intelligence
• Paid release from work – When required for works council duties

Co-Determination – Overview of Your Participation Rights

• From information rights to full co-determination
• Areas of participation under the Works Constitution Act

Participation Rights in Personnel Matters

• Hiring, transfer, job classification, reclassification – What you need to know!
• Dismissals: Right to be heard, objections, and concerns of the works council
• Strategic Workforce planning and employment security – Make use of your right to propose
• Personnel questionnaires and appraisal principles – Genuine co-determination already during recruitment