Works councils

What is a Works Council?

A works council represents the interests of the employees in the company and negotiates with the employer on their behalf.

• The rights of a works council are regulated in the Works Constitution Act. These rights are known as co-determination rights.
• Works councils stand up for all employees, regardless of their origin or residence status, including temporary workers.
• Employees can elect a works council by secret ballot every four years.

What are the tasks of a works council?

The works council ensures that all regulations in favour of employees are complied with (e.g. laws, collective agreements, works agreements).

Co-determination rights of the works council:

The works council has a say in some areas, e.g.:

• Working hours, shift schedules and overtime
• Classification, performance bonuses and piecework
• Training and further training
• Occupational health and safety and data protection
• Workplace organisation

The works council must also ensure that no one is disadvantaged, e.g. because of

• origin, nationality or religion
• Gender or sexual identity
• Political views or trade union activity

Further tasks:

• Promoting the integration of foreign employees
• Combating racism in the company

What rights does a works council have?

• Exclusive co-determination rights: Only the works council can exercise the co-determination rights under the law.
• The employer may not dissolve an elected works council.

What are the advantages of a works council?

Companies with works councils ...

• pay higher wages and salaries on average.
• offer more secure jobs.
• are more transparent and fairer.
• promote company pension schemes and further training.
• ensure a better work-life balance.
• are more productive and invest more in ecological measures.

Who can vote for the works council?

• All employees aged 16 and over, regardless of nationality.
• They can also vote:
  • Apprentices
  • Part-time employees
  • Employees onfixed-term contracts
  • Temporary workers who have been with the company for longer than 3 months

Who can become a member of the works council?

• Candidates must be at least 18 years old and have been working at the company for at least 6 months.
• Works council members enjoy special protection against dismissal.

When can you elect a works council?

• In companies without a works council: An election can take place at any time.
• In existing works councils: Elections are held every four years (next period: March-May 2026).

Do all companies have a works council?

Unfortunately, there are many companies without a works council, e.g:

• Small businesses (less than 5 employees) such as dentist surgeries, tobacco shops or plumbing businesses.
• In larger companies, this is often due to fear or a lack of initiative on the part of the employees.

Important: The initiative to elect a works council must come from the workforce.

• The employer must not interfere and must remain neutral.
• If they try to prevent the establishment of a works council, they are liable to prosecution.

How many employees are entitled to a works council?

• A works council can be elected in all companies with five or more employees. The number of members depends on the size of the company:
• 5-20 employees: 1 works council member
• 21-50 employees: 3 works council members
• 51-100 employees: 5 works council members
• 101-200 employees: 7 works council members