Germany: focus on the election of union representatives in metal firms

Union representatives and WC, two different roles.  There are many of them in businesses, working on a voluntary basis and usually ignored by the public: “Vertrauensleute” are unionists defending their union’s interest on their workplace.  Present in all sectors, they are elected by the employees affiliated with the union concerned.  In metalworking, this election is every 4 years.  In 2008, over 48,000 IG-Metall representatives were elected in over 2,200 businesses.  They are different from EWC members in many ways.  The latter, elected by all the employees, defined the interest of the entire staff against the management, with which they sign, notably, company agreements (see our dispatch No.  100192).  Their rights and obligations are listed in the “Betriebsverfassungsgesetz” (“Act on the Company’s Internal Constitution).  However, the role of the “Vertrauensleute” isn’t determined anywhere.  Their presence in the company is simply protected by Article 9.3 of the Fundamental Law guaranteeing the freedom of association.  “By virtue of this article, the employer cannot discriminate against them or keep them from performing their duties, as long as they take place outside of working hours.  But they are not protected from dismissal as WC members” explained Felix Oelkers, lawyer at the Luther law firm.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

However, the role of the “Vertrauensleute” isn’t determined anywhere. Their presence in the company is simply protected by Article 9.3 of the Fundamental Law guaranteeing the freedom of association. “By virtue of this article, the employer cannot discriminate against them or keep them from performing their duties, as long as they take place outside of working hours. But they are not protected from dismissal as WC members” explained Felix Oelkers, lawyer at the Luther law firm.

Once rivals,

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
Poland: reform introduces possibility of working for another employer while on sick leave
On 7 January, the President of Poland promulgated an amendment to the country’s social insurance act. The reform aims to clarify the activities permitted during sick leave, so that...
France: social partner talks extend far beyond contractual terminations
After a false start on 3 December, French social partners resumed talks on 7 January 2026 on potential changes to the unemployment insurance agreement, including the rules governing compensation...
12 January 2026
France: Crédit Agricole signs first independent agreement on disability
On 8 December, French banking group Crédit Agricole and three of the four representative trade unions (CFE-CGC, CFDT and FO) in France signed a disability agreement for the period...
Norway: role of labour inspectorate strengthened to prevent sick leave
On 8 January, the Norwegian government issued a 2026 letter of assignment to the labour inspectorate, signalling an intention to strengthen its enforcement activity. The main objective of the...
9 January 2026
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: 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
2
Italy: collective agreement for rubber and plastics sector focuses on new skills
A month ahead of schedule, the Federazione Gomma Plastica employers' organisation and the Filctem-Cgil, Femca-Cisl and Uiltec trade unions have renewed the collective agreement for the rubber and...
5 January 2026
3
France: social partner talks extend far beyond contractual terminations
After a false start on 3 December, French social partners resumed talks on 7 January 2026 on potential changes to the unemployment insurance agreement, including the rules governing compensation...
12 January 2026