Before we get to the most important principles surrounding the works council elections themselves, here’s a quick tip to raise employee awareness: In addition to the formal notices , election committees should use flyers, email newsletters, and promotional materials to draw attention to the upcoming election.
For election day itself, IG Metall offers special door hangers and door stands : “Works Council Election Today.” As well as posters and signs: “The Polling Place Is This Way.” Creative tools are particularly effective, such as a countdown timer at the factory gate that shows the days remaining until the election. More information on materials and campaigns can be found on our extranet, the network for our active volunteer metalworkers.
It’s very important to speak directly to members at plant and department meetings, as well as to maintain personal contact.
Beware of Pitfalls
The formal organization must be correct. Even minor details can make the election contestable. The principle is: All eligible voters and candidates must have equal opportunities. Be meticulous even with trivial matters. It’s best to always use the same forms for notices, nomination lists, and ballots.
The election committee should be available in its office during the office hours listed on the election notice—and should accept and document objections and nominations in writing only there.
Absentee voting must be properly regulated—including for employees on parental leave or in partial retirement. Are the voter and candidate lists up to date and posted? Who is new to the company, who has left, or who is a managerial employee? Are there enough supporting signatures, or any duplicates?
In case of doubt, always consult closely with the local IG Metall chapter. For active members, additional resources are available on the extranet to ensure a secure election.
The “ABC” guide to works council elections recaps the most important principles—why we have a works council and what matters most in the election.
Term of Office
It is four years. The next works council elections will take place from March 1 to May 31, 2030.
Works Council
It represents the interests of employees and has a say in company matters. The works council is democratically elected by the workforce and has enforceable rights. The basis for this is the Works Constitution Act (BetrVG). This gives employees more rights and ensures their involvement in decision-making processes.
IG Metall on Site
It provides expert assistance in initiating and conducting the works council election. The local IG Metall chapter supports the process with materials, seminars, and advice. It takes the pressure off the works council.
Candidates
All employees eligible to vote who have been with the company for at least six months may run for election.
Temporary workers
They vote and count votes (Recommended reading: “Temporary Workers Have a Say”). Temporary workers regularly assigned to the host company must generally be included when determining the size of the works council. The Federal Labor Court (7 ABR 69/11) ruled this on March 13, 2013. For companies with up to 51 employees, eligibility to vote is also a factor.
“As a rule,” employees within the meaning of Section 9 of the Works Constitution Act (BetrVG) are (temporary) employees who are normally employed at the company for the majority of the year. In this context, the assessment must not be based solely on past staffing levels. Expected future changes in the workforce resulting from specific decisions by the employer must also be taken into account.
Co-determination
The works council has extensive rights to participate in decision-making. It must be consulted regarding transfers, written warnings, and terminations. It has a say in compensation matters, such as pay grading and allowances. It must be involved in decisions regarding overtime, the organization of working hours, and vacation planning. Training and continuing education, accident prevention, and occupational health and safety are among its responsibilities. The works council has broad scope for shaping policies through the negotiation of company agreements.
No works council yet?
Then now is the time to get started! A works council can be established with as few as five employees eligible to vote.
Eligibility to Vote
All employees of the company who have reached the age of 16 are eligible to vote. Temporary agency workers are eligible to vote starting on their first day of assignment at the host company if they are scheduled to work there for more than three months.
Number of Works Council Members
In companies with 5 to 20 employees eligible to vote, the works council consists of one member; with up to 50 employees, it consists of three members; with 51 to 100 employees, five members; with up to 200 employees, seven members; and so on. In companies with 1,001 to 1,500 employees, the works council has 15 members. In a company with 200 or more employees, one works council member is granted time off from work to serve on the council.
