The Works Council is a decisive institution for company participation. While it is widely used in large companies, it exists in small businesses Rather rare. But setting up a works council can bring valuable benefits, especially for employees, as it strengthens their rights and interests in the company. Find out here how you can set up a works council, which legal requirements must be met and what needs to be considered for the election process.
Why Set Up a Works Council?
As a representative of employees, a works council can protect their interests vis-à-vis management and help Working conditions to improve. Studies also show that companies with works councils are more productive and have lower turnover rates. However, in order to establish a works council, the initiative must come from the employees — an employer must not refuse to take this step.
Requirements for establishing a works council
In order to establish a works council, certain legal requirements are required. These are set out in the Works Constitution Act (BetrVG) defined:
- Number of employees: At least five employees with voting rights must work for the company.
- Voting eligibility and eligibility: Employees aged 16 and over are eligible to vote, while candidates for the works council work for the company at least six months and may not be senior employees.
- More groups: Mini-jobbers, fixed-term employees and temporary workers who have worked at the company for three months or more also have the right to vote.
Employee groups with voting rights
Step-by-step guide to setting up a works council
1️⃣ Preparation and information
Find out for yourself and your colleagues about the rights and benefits of a works council. It may also be useful to involve a trade union, which can often provide support in the form of information and advice.
2️⃣ Convocation of a Works Meeting
If there is no works council, three employees with voting rights or a trade union can convene a works meeting. The purpose of this Assembly is to elect an electoral board.
3️⃣ Election of the Electoral Board
At the Works Meeting, the Electoral Board is elected by a simple majority. It consists of three members who organise the works council election and ensure that it is conducted impartially.
4️⃣ Planning and Execution of the Election
The electoral board plans the election and ensures that it is properly carried out. This also includes the provision of voting documents and clear information to all eligible voters about the procedure and time of the election.
5️⃣ Support from the Employer
The employer has the duty to support the works council election, for example by providing premises and materials and paying voting costs.
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Benefits of a Works Council for Companies and Employees
A works council is not only beneficial for employees, but also for the company. Studies show higher productivity and satisfaction in companies with employee representatives. Here are some benefits for companies and employees:
📈 Increased productivity
🤝 Lower Fluctuation
🛠️ Better working conditions
📋 Clear communication
🚀 Improved innovative capacity
Legislative framework
The number of works council members depends on the size of the company. The following table gives an overview of the number of members as a function of the number of employees:
Conclusion: How to Set Up a Works Council
Establishing a works council can bring many benefits to employees and can also be of benefit to the company. If the above requirements are met and the organizational steps are followed, nothing stands in the way of a successful works council election. With a works council, employees can actively use their participation rights and contribute to the positive development of the company.
FAQs
What requirements must be met to establish a works council?
At least five employees with voting rights are required to set up a works council. All employees aged 16 and over who do not work in managerial positions are eligible to vote.
What are the first steps towards establishing a works council?
First, employees should find out about the benefits of a works council and convene a works meeting. There, an electoral board is elected, which organizes the election and ensures the voting process.
What are the benefits of a works council for the company?
A works council strengthens employee communication and participation, which often leads to higher productivity and lower turnover. Companies benefit from motivated, satisfied employees and a good working atmosphere.
