Trade Unions and Representatives | HEUSER RECHT UND STEUERN
www.heuser.de • 07
Rights and Obligations
To be able to represent the
employee’s interests, the
law concedes certain rights
for works councils – but also
some obligations.
The works council must, fi rst of all,
represent the employees towards the
employer. A trustful cooperation of works
council and employer for the benefi t
of the employees and the company is
also required. Obviously, members are
obligated to maintain confi dentiality –
this applies to company secrets as well
as to personnel issues. Regular trainings
are also mandatory.
Concerning the works councils’ rights -
more precisely participation rights - the
law distinguishes between fi ve diff erent
categories:
• Co-determination Rights
Co-determination is the strongest form
of participation. The employer cannot
make a decision without the explicit
consent of the works council. It applies
for the following issues:
• Work regulations and conduct of
employees
• Time frame of working hours and
temporal changes of working hours
• Salary payment modalities
• Holiday policy, time frame and
organization
• Technical monitoring devices
• Occupational safety and health
protection
• Social facilities
• Housing policy
• Wage-setting and performance-
related remuneration
• Suggestion scheme and group work
• Veto Rights
Concerning individual personnel
decisions, the works council has the
right to refuse its consent. The employer
needs to obtain the works council’s
consent before the following decisions:
• Hiring decisions
• Grouping and regrouping
• Personnel relocation and transfers
• Right to be heard
The works council must be consulted
before a dismissal – otherwise the
dismissal is invalid. The works council
can express concerns or even appeal
against the dismissal.
Please fi nd more information on
terminations and dismissals in our edition
“Terminations”
• Consultation Rights
In matters wherein there is a mandatory
right to be heard, the employer has to
discuss his decisions with the works
council. The council can make proposals
and express concerns. This applies for
the following points:
• Investment decisions
• Personnel planning
• Vocational Training (set-up,
equipment, implementation)
• Operating changes and economic
matters
• Information Rights
The information right – and therefore
the obligation of employers to give
information – is the most extensive
right of the works council. The council
is entitled to demand to be informed
on all matters related to its remit and
competences. In addition to the general
demand for information, the law also
covers some special information rights
(e.g. mass dismissals, handling of
complaints, personnel decisions etc.).