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Do you have questions about works council elections or do you need help with preparation?
The path to co-determination
Is a works council being elected (again) in your company? Very good!
We tell you which requirements – for example, certain deadlines and dates – you have to observe. To help you keep track of everything, we have summarized the most important information on this page.
Our experts in the state secretariats are at your side.
Frequently Asked Questions
In order to elect a works council, at least five employees with voting rights must be employed in the company. Employers and their relatives are not counted. They are considered entrepreneurs and are therefore exempt from employee representation and works council elections.
Employees who are employed in the company and have reached the age of 16 are entitled to vote. Employees who are on maternity leave or partial retirement or who are doing military service/civilian service are also entitled to vote.
Employees who have reached the age of 18 on the day of the announcement of the election and have been employed in the company for at least six months may stand as candidates for the works council. Exceptions to this are newly established businesses.
Depending on the number of employees, there are different numbers of members in the works council. For example, in a company with 10 employees, there are 2 works council members. A company with 2,000 employees has 16 works council members.
If a company consists of several companies, a central works council must be elected. In corporations, a group representation can be formed from two companies with a works council.
In the case of a separate works council, the representation for workers and employees is elected separately.
A joint works council representing both groups can be elected by resolution.
For a works council election , certain deadlines, dates and a fixed election procedure are prescribed. This is laid down in the Labour Constitution Act.
The first thing to do is to convene a works meeting . There the electoral board will be elected. This prepares and conducts the works council election.
In the election, voting is done in person . If this is not possible, the vote can also be cast with a voting card .
The works council is elected for a period of five years .
Do you have questions about works council elections or do you need help with preparation?
No. The members of the electoral board, the candidates for the works council election and the elected works councillors may not be dismissed in connection with the election. They enjoy special protection against dismissal.
After the works council election, the provisional final result will be determined. Provisional because there is a three-day period in which those elected can announce whether they accept the election or not.
The election result must be announced in the company by posting or written notification. In order for the newly elected works council to have legal capacity and legal capacity, it must be constituted within a period of six weeks.
Once this is done, the works council work begins.