Germany: focus on works councils elections

Elections that matter for employers as well. A crucial element for workers, the election of works councils (WCs) is also followed by employers across Germany. “For employers, these elections are important on two counts. On the one hand, they want to know who their future bargaining partners will be. On the other, they know that ill-organized elections can cause trouble within the company and lead to additional costs,” explained Felix Oelkers, labor law specialist at the Luther law firm, adding that the number of procedures for the cancellation of WC elections nearly tripled since the early 1990s. Yet, employers always bear election costs. Cancellation procedures are most often caused by mistakes in the drawing up of the electoral register (Wählerliste), the evaluation of the WC’s size, the drawing up of electoral lists, and so on. This is why these elections only came after intense union preparation among workers. Here are the main steps.
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ections nearly tripled since the early 1990s. Yet, employers always bear election costs. Cancellation procedures are most often caused by mistakes in the drawing up of the electoral register (Wählerliste), the evaluation of the WC’s size, the drawing up of electoral lists, and so on. This is why these elections only came after intense union preparation among workers. Here are the main steps.

Different types of WC. Governed by the “Work Constitution Act” (Betriebsverfassungsgesetz) of 1952, amended several times, co-determination at the level of the establishment (Betrieb) provides for the election of a “works council” (Betriebsrat) in businesses in the private sector regularly employing five or more people.

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