🤝 Works council and co-determination

From when a works council can be elected, what it must have a say in – and how to involve it in a conflict.

Works council BetrVG Co-determination Works council election Works meeting Consultation on dismissals

In brief

A works council can be elected in businesses that normally have at least five permanent employees entitled to vote, of whom three are eligible for election. It represents the workforce towards the employer and, depending on the subject, has rights of varying strength – from mere information to genuine co-determination, where the employer cannot validly decide anything without the works council's consent.

Particularly relevant in practice: the works council must be consulted before every dismissal. A dismissal issued without this consultation is invalid.

Step by step

Check whether a works council existsAsk at work or look at the notice board – an existing works council must announce its members.
Approach the works council with problemsIn conflicts with the employer, the works council can mediate, obtain information and, in certain matters, refuse consent.
If there is no works council: start an electionAs few as three employees entitled to vote, or a trade union represented in the business, can invite people to a works meeting to elect an election committee (§ 17 BetrVG).
In case of dismissal: check the consultation of the works councilFind out whether and when the works council was consulted before a dismissal – if the consultation is missing, the dismissal is invalid.

Deadlines

≥ 5 employees

Minimum size of business from which a works council can be elected (of whom at least three must be eligible for election).§ 1 Abs. 1 BetrVG

1 week

Standard period within which the works council can express concerns about an ordinary dismissal; for an extraordinary dismissal, the period is shortened to three days.§ 102 Abs. 2 BetrVG

Watch out – common mistakes

A dismissal without prior consultation of the works council is invalid – regardless of whether the reason for dismissal itself would have been justified.
The works council cannot prevent a dismissal, but can only express concerns or, in certain cases named in the law, object; under certain conditions, however, an objection gives a right to continued employment until the end of a dismissal protection case (§ 102 Abs. 5 BetrVG).
Works council members enjoy special protection against dismissal; anyone who stands as a candidate in the election is already protected to a certain extent in the run-up to the election (§ 15 KSchG).
Without an existing works council, many of the co-determination rights described here are in practice lost – the statutory individual entitlements (e.g. to pay, leave, protection against dismissal) are unaffected.

In depth · legal basis, figures and practice – for advisers and professionals

Establishment and election

A works council can be elected in businesses that normally have at least five permanent employees entitled to vote, of whom at least three must be eligible for election (§ 1 Abs. 1 BetrVG). The election is organised by an election committee, which is appointed either by an existing works council, a works meeting or – where there is no works council – on the invitation of at least three employees entitled to vote or a trade union represented in the business (§ 17 BetrVG).

Levels of participation rights

The BetrVG distinguishes, among others, information rights (e.g. on the economic situation, § 106 BetrVG), consultation rights (e.g. before dismissals, § 102 BetrVG), participation rights (rights of objection and advice, e.g. on dismissals) and genuine, enforceable co-determination rights in social matters (§ 87 BetrVG), for example on the start and end of daily working time, overtime, principles of leave, pay structure in the business and the introduction of technical monitoring equipment. Without the works council's consent or replacement of it by the conciliation committee (Einigungsstelle), the employer cannot validly decide these matters.

Consultation before dismissals

§ 102 Abs. 1 BetrVG obliges the employer to consult the works council before every dismissal – ordinary and extraordinary – and to tell it the reasons for dismissal. A dismissal issued without consultation is invalid (§ 102 Abs. 1 Satz 3 BetrVG). If the works council objects to an ordinary dismissal in due form and on time on one of the grounds named in § 102 Abs. 3 BetrVG, this can under certain conditions give rise to a right to continued employment until the final conclusion of a dismissal protection case (§ 102 Abs. 5 BetrVG).

Special protection against dismissal

Works council members can be dismissed only extraordinarily during their term of office and for one year afterwards (§ 15 KSchG); election candidates and the initiators of a works council election also enjoy time-limited special protection.

Who is responsible

Works council
Local labour court in a dispute over co-determination rights
Trade union

Quick questions

Worum geht es bei „Works council and co-determination“?

From when a works council can be elected, what it must have a say in – and how to involve it in a conflict.

Which deadlines and figures matter?

≥ 5 employees: Minimum size of business from which a works council can be elected (of whom at least three must be eligible for election). (§ 1 Abs. 1 BetrVG)
1 week: Standard period within which the works council can express concerns about an ordinary dismissal; for an extraordinary dismissal, the period is shortened to three days. (§ 102 Abs. 2 BetrVG)

What should I do first?

Check whether a works council exists: Ask at work or look at the notice board – an existing works council must announce its members.
Approach the works council with problems: In conflicts with the employer, the works council can mediate, obtain information and, in certain matters, refuse consent.
If there is no works council: start an election: As few as three employees entitled to vote, or a trade union represented in the business, can invite people to a works meeting to elect an election committee (§ 17 BetrVG).

What do I need to watch out for?

A dismissal without prior consultation of the works council is invalid – regardless of whether the reason for dismissal itself would have been justified.
The works council cannot prevent a dismissal, but can only express concerns or, in certain cases named in the law, object; under certain conditions, however, an objection gives a right to continued employment until the end of a dismissal protection case (§ 102 Abs. 5 BetrVG).
Works council members enjoy special protection against dismissal; anyone who stands as a candidate in the election is already protected to a certain extent in the run-up to the election (§ 15 KSchG).

Evidence

Betriebsverfassungsgesetz (BetrVG) §§ 1, 15, 17, 87, 102, 106, gesetze-im-internet.de
Kündigungsschutzgesetz (KSchG) § 15, gesetze-im-internet.de

As of

September 2026 · Sources and method

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