What rights and obligations do the works council and its members have? And how can we best implement these in practice?
This introductory training for newly elected works council members provides basic knowledge about the central tools of works council work. It also provides guidance on how to organise decision-making processes in order to enable the committee to best represent the interests of employees.
Works Constitution Act – legal basis
The Works Constitution Act (WCA) forms the legal basis for the establishment and organisation of works council work. It serves to promote democracy and employee participation in companies. In addition to protecting works council members, the WCA regulates detailed procedural processes to ensure the democratic nature of works council work.
In this training, we will familiarise ourselves with these basics and talk about the role, self-image, tasks and duties of works council members in the context of their mandate.
Co-determination as a central task
Co-determination in social, personnel and economic matters is a central component of works council work.
We provide an introduction to the Works Constitution Act and the German industrial relations system. The general tasks of the works council according to Sec. 80 WCA are dealt with and practical suggestions for the organisation of works council work are given. In addition, the basic rights of the works council – from information rights and consultation rights to co-determination rights – are discussed and questions regarding their enforcement are addressed.
Training and counselling – knowledge transfer for successful works council work
In order to successfully organise the work of the works council, it is essential that members receive sound training.
Our training focusses on the following topics:
- Introduction to German labour and employment law with a focus on the WCA
- General tasks and rights of the works council
- Protection and rights of individual works council members
- The organisation of works council work
- Participation rights of the works council
- Enforcement of participation
- Introduction to the work of a works council member
1.1 The works council in the German system of co-determination
1.2 Fundamentals of labour law – introduction to the German legal system and industrial relations
1.3 The Works Constitution Act in the context of German labour law
1.4 Individual and collective labour law
1.5 Questions on the positioning of the works council in the enterprise in relation to the employer and the trade union
- Management of the works council
2.1 General tasks of the works council (Sec. 80 WCA)
2.2 Management of the Works Council, inter alia:
– Form and content of meeting invitations
– Requirements for an agenda
– Formal requirements for the resolutions of the works council
– Minutes of the works council meetings
– The monthly meeting (Sec. 74 WCA)
2.3 Exemption of works council members for necessaryl work
2.4 Training entitlements of works council members (Sec. 37 (6) WCA, Sec. 37 (7) WCA)
2.5 The role of the works council chairperson
2.6 The committees of the works council
- Participation rights of the works council
3.1 Information rights
3.2 Consultation rights
3.3 Co-determination rights (Sec. 87 WCA)
3.5 Case studies and practical exercises
- Enforcement options
4.1 The conciliation committee (Sec. 76 WCA)
4.2 Labour jurisdiction
- Information policy of the works council towards employees
5.1 The works meeting
5.2 Open office hours (Sec. 39 WCA)
5.3 Confidentiality obligations of the works council: trade and business secrets and data protection Act