Germany: co-management boosted by presence of temporary workers (judgement)

On Tuesday 20 August, Germany’s Federal Court of Justice (Bundesgerichtshof-BGH) published the reasons for its judgement handed down on 25 June 2019 (file n° Az. II ZB 21/18), when judges ruled in favour of the central works council of a company. It called for the application of laws on co-management and temporary work, under which a joint supervisory board must be set up when a company has more than 2,000 workers, including temporary staff. In their statement, the federal judges specify under which conditions the temporary workers can be counted as part of the workforce to go beyond the 2,000 employee threshold.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

The case, for which a last instance ruling was passed on 25 June by the Federal Court of Justice in Karlsruhe, concerned the request of a central works council at a large SME, which sought to officially establish that the size of the company’s workforce had exceeded 2,000 for at least the period between January 2017 and March 2018, in other words for more than one year. According to the law on co-management of companies (Mitbestimmungsgesetz), firms are required to equally share positions on th

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
EU: Commission launches consultation with social partners on quality jobs
On 4 December, the European Commission launched the first phase of consultation with social partners with a view to a European directive on jobs, which is scheduled for the end of 2026. It could...
4 December 2025
2
United Kingdom: government scraps plan to introduce ‘day one’ protection against unfair dismissal
The UK government announced on 27 November, in a statement, that it would not be introducing the right to challenge unfair dismissal (without cause) from the first day of employment in its...
3 December 2025
3
Poland: bill adopted to amend definition of psychological harassment
On 27 November, the Polish cabinet adopted a draft amendment to the labour code aimed at simplifying the definition of psychological harassment at work, or “mobbing” (Article 94 3)...
4 December 2025
4
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
5
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
6
France: minimum wage to rise by 1.18% on 1 January
On 12 December, the French government announced a 1.18% increase in the minimum wage, taking effect on 1 January 2026. The pay level will rise from €1,802 to €1,823 gross per month (for...
16 December 2025