More Information

The Works Constitution Act (BetrVG) was established in 1972 and is the legal basis for works council activities. The details of the works council elections are defined by election regulations. Furthermore, social legislation, the Dismissal Protection Act and a whole range of other laws and regulations are important for the work of the works council.

The works council has many duties and rights:

• Right to be informed (e.g. §80 Abs.2 „General tasks“ BetrVG):
  The works council has a general right to information, according to which it can obtain and demand all information from the employer which it needs for its work as a works council. All information must be treated confidential (§ 79 BetrVG)!
• Information and consultating rights (e.g. §90 BetrVG):
  The employer must not only inform the works council, but also consult with it – e.g. in the construction of technical facilities, the modification of work processes and the promotion of vocational training. The employer must take the works councils advices into consideration when it comes to decisions.
• Right of veto (e.g. §99 BetrVG ):
  The works council can refuse to give its approval when it comes to redeployment, recruitment, grading or transfers of employees but only a specific catalogue of reasons for refusal is available to it. The works council's objection can only be overcome by a decision of the labour court; until that decision is made the employers policy is valid.
• Right of co-determination:
  The works council has a right of co-determination in the following matters if there are no further statutory or collective agreements:
  • Co-determination at the beginning and end of the daily working time (§87 BetrVG)
  • Job advertisements, assessments and selection criteria (§§93-95 BetrVG)
  • Extra work (overtime)
  • In questions of work regulations and behavior of the employees
  • Introduction and application of technical equipment with which work performance and behaviour control is possible (§87 BetrVG)
  • Health and safety
  • When introducing and applying new remuneration principles
  • Drawing up general vacation policies (e.g. vacation ban) and vacation schedules if no consent is possible between employer and employees
  • Continuing vocational training (§§96-98 BetrVG)

These matters subject to co-determination are often settled by mutual agreement by means of operating agreements. There are more or less lengthy negotiations between the employer and the works council until a new operating agreement is finalized. In case that a mutual agreement can’t be achieved, both negotiating parties are free to declare the negotiations to have failed and, depending on the subject matter consult an arbitration board or the labour court.

…As you can see there is a huge spectrum of tasks and a lot of laws and paragraphs to pay attention to. Please don’t hesitate to contact us if you have questions regarding your job, your classification or other matters related to your work at the Max Born Institute - we are here for you!