Can we even elect a works council?
Works councils are elected in all companies with, as a rule, at least five employees who are permanently eligible to vote. This is stipulated in the Works Constitution Act. In other words, it’s not just a matter of whether a works council can be elected—it is your right to elect a works council or to establish one.
When are the elections held?
Works councils are elected every four years during the same period—from March to May. The elections take place during working hours. If there is no employee representation in the company yet, an election can be held at any time.
Who organizes a works council election?
In companies with a works council, the incumbent works council appoints an election committee ten weeks before the end of its term—which typically lasts four years. This committee publishes the voter lists and the election notice containing all necessary information and subsequently handles all necessary steps to conduct the election.
In companies without a works council, the initiative to elect a representative body may come from a union represented in the company—that is, at least one employee must be a member of the union. Alternatively, at least three employees eligible to vote may convene an initial election meeting. If that does not work, three employees eligible to vote or the union may apply to the labor court to appoint an election committee.
If this is your first time voting, please contact your local IG Metall chapter confidentially—your partner for a legally sound and secure works council election. IG Metall offers advice, legal protection, and training for this purpose.
How many members does the works council have?
That depends on the number of employees at the company. In any case, works councils have an odd number of members. The Works Constitution Act stipulates the following scale:
- 5 to 20 eligible employees: One person
- 21 to 50 eligible employees: Three people
- 51 to 100 eligible employees: Five people
- 101 to 200 employees: Seven people
- 201 to 400 employees: Nine people
What are the deadlines for the election?
In the standard election procedure, the following deadlines apply:
- Ten weeks before the election date: Appointment of an election committee;
- Six weeks before the election date: Publication of the voter lists and the election notice containing all important information about the election;
- Objections may be filed two weeks after the publication of the voter lists;
- One week before the election: Announcement of the candidate nominations;
- Immediately after the election: Counting of votes and announcement of the elected candidates by posting a notice;
- No later than one week after the election: Constituent meeting of the works council.
What is the simplified election procedure?
In companies with 100 or fewer employees, the simplified election procedure is used, which involves shorter deadlines. In companies with 101 to 200 employees, the simplified election procedure may be agreed upon and carried out by mutual consent between the employer and the election committee.
It follows this procedure: If there is no works council in the company yet, the election committee is elected at an initial election meeting, a voter list is drawn up, the election is announced, and nominations are collected. At a second election meeting seven days later, the works council is elected by secret ballot.
If there is already a works council that appoints the election committee, the first election meeting is omitted in the simplified election procedure. The simplified single-stage procedure is then carried out, in which the works council is elected by secret ballot at a single election meeting.
Who is eligible to vote?
All employees who have reached the age of 16 by the time of the election are eligible to vote. Employees on parental leave, temporary workers, and those in marginal employment are also eligible to vote. Temporary agency workers who have been assigned to the company for more than three months or who are expected to be assigned for more than three months are also eligible to vote. Executive employees are excluded from the right to vote.
What are the duties of the election committee?
The election committee must ensure that the election proceeds properly. This includes:
- Preparation of the list of all eligible voters,
- Announcement of the election, specifying the location and time of the election and the vote count,
- Announcement of the candidates and the number of works council members to be elected,
- Informing all eligible voters—including those who do not speak German—about the election.
- Review of objections to the voter list and to the nominations,
- Supervising the election and the counting of votes,
- Announcement of the election results.
The election committee’s final official act is to convene the constituent meeting of the works council and to preside over that meeting until the works council chairperson is elected.
Can votes also be cast by mail?
Employees who will not be at the workplace on election day may request a mail-in ballot. The election committee provides the necessary documents. For employees who are reasonably expected to be absent from the workplace on election day—for example, because they are sick, working from home, or on field duty—the election committee may also proactively send them the absentee ballot materials. This is stipulated in Section 24, Paragraph 2 of the Rules of Procedure for Works Council Elections.
The voter must ensure that the election committee receives the absentee ballot before the polling station closes. Absentee voting is also possible through a simplified procedure. In this case, the election committee must be informed of the desire to cast a vote by absentee ballot no later than three days before the election meeting. The vote may then also be cast at a later date. (Background, instructions, and video on absentee voting)
Who pays for the election?
“The costs of the works council election are borne by the employer,” states the Works Constitution Act. This means that all necessary material costs incurred in connection with the works council election, as well as the personal expenses of the members of the election committee, must be covered by the employer.
Specifically, these include costs for obtaining voter lists, ballots, ballot boxes, and voting booths, as well as travel expenses, such as for transporting materials to remote parts of the workplace. Personal expenses of the election committee include expenditures for relevant legal texts, commentaries, and election manuals, as well as costs for training election committee members, including travel and lodging expenses. The election committee performs its duties during working hours and is granted time off with full pay for this purpose.
Who enjoys special protection against dismissal?
The termination of works council members is prohibited under Section 15 of the Protection Against Dismissal Act. This protection against dismissal continues for one year after the end of their term of office.
Dismissal of a member of the election committee is prohibited until six months after the election results are announced. Candidates for the works council election are also protected from dismissal.
Initiators of works council elections are also protected from termination—that is, employees who initiate the works council election by issuing an invitation to an election meeting or filing a petition with the labor court. Protection against termination applies to the first six employees listed in the invitation or the first three listed in the petition. Even if no works council is ultimately elected, protection against termination remains in effect for three months from the date of the invitation or the filing of the petition.
New since the Works Council Modernization Act took effect in June 2021: Employees who are preparing to establish a works council are now also protected from termination. The prerequisite is that they have submitted a publicly certified declaration stating their intention. Protection against termination applies from the submission of the declaration until the date of the invitation to the works council or election meeting, but for no longer than three months.
