Your lawyer specialising in works councils
New shift rota, digital monitoring or announced staff cuts: as a works council, you often have to act under time pressure. We support you in requesting information, understanding your rights and negotiating viable agreements for your workforce. Whether at the negotiating table, in the conciliation committee or in court: together, we will clarify what steps your works council can take now.
Having a say on
working hours and
digitalisation
Shift changes, overtime and the need to be constantly available affect your workforce’s day-to-day lives. We review your right to co-determination under Section 87 of the Works Constitution Act (BetrVG) and the limits set by law and collective agreements. Together, we set out objectives for predictable working hours, breaks and time off in lieu. You request the information and documents required for this on a task-by-task basis – not as blanket access to all company data.
New software or AI can streamline work processes whilst also providing insight into performance data. We review functions, access rights and analytics before you negotiate the rules. Works agreements can, for example, set out the purposes of use, the limits of monitoring and the procedures to be followed in the event of changes. Time recording and remote working also require clear guidelines, compliance with which your committee can monitor.
If information is withheld or your right to co-determination is disregarded, we will determine the appropriate course of action to ensure your rights are upheld. The competent conciliation committee may issue a binding decision on outstanding matters of regulation under Section 87 of the Works Constitution Act (BetrVG). The employment tribunal may be called upon to enforce existing rights; in urgent cases, interim legal protection may also be sought. We support you throughout negotiations and subsequently monitor the implementation of the agreements.
Working hours: questions and answers
This guide for works councils, staff councils and employees covers topics including time recording, overtime, shift work and remote working. It helps you to understand questions raised by staff and your rights to co-determination.
Go to the book’s page on the publisher’s website ↗Compile a list of specific questions: What time periods will be recorded, who will have access to the reports, and what features are planned? Request the documentation you need to carry out your duties. Set out your negotiation objectives and any outstanding issues within the committee before agreeing to a draft.
Frequently asked questions about co-determination
What documents are you entitled to request?
Under Section 80(2) of the Works Constitution Act (BetrVG), you are entitled to receive the information and documents you require to carry out your statutory duties. Please specify the nature of the task and the information required in detail. This right does not constitute an unlimited entitlement to all company documents.
Is every new piece of software subject to co-determination?
That depends on the functions and intended use. In the case of technical equipment, its objective suitability for monitoring behaviour or performance may trigger the provisions of Section 87(1)(6) of the Works Constitution Act (BetrVG). You should also have pilot projects and updates reviewed.
What should be included in a works agreement on working hours?
Set out rules on matters such as shift planning, overtime, time accounts and on-call duties, as well as procedures in the event of deviations. Statutory limits and the primacy of collective agreements must be observed. A distinction must be made between the obligation to record working hours and the arrangements for doing so, which are subject to co-determination.
Can the conciliation committee settle any dispute?
No. Its jurisdiction and the subject matter of the dispute must be established. In matters under Section 87 of the Works Constitution Act (BetrVG), its ruling takes the place of the missing agreement. As a general rule, the labour court decides on the existence and enforcement of statutory rights.
Who bears the costs of legal representation?
Under Section 40 of the Works Constitution Act (BetrVG), the employer bears the necessary costs of works council activities, including any necessary legal representation. Please clarify the scope of the mandate and the costs in advance and ensure that a proper committee resolution is passed. This does not imply that advice is provided free of charge across the board.
Is an expert the same as a legal representative?
No. The appointment of an expert under section 80(3) of the Works Constitution Act (BetrVG) generally requires a detailed agreement with the employer. When assessing AI, the involvement of an expert is deemed necessary; the agreement remains essential. This is to be distinguished from legal representation for the purpose of enforcing works council rights.
Reviewing
staffing measures and redundancies
In the case of appointments, groupings, re-groupings and transfers, Section 99 of the Works Constitution Act (BetrVG) requires your involvement in companies with more than 20 employees eligible to vote on a regular basis. We review the notification process, the implications and the statutory grounds for refusal. Any refusal to give consent must be justified and must be received by the employer in due form and within the prescribed time limit – generally within one week of proper notification.
A different procedure applies in the case of dismissals: the employer must consult the works council in advance in accordance with section 102 of the Works Constitution Act (BetrVG). The time limit for raising objections is one week in the case of ordinary dismissals and must be done immediately, or within three days at the latest, in the case of extraordinary dismissals; in both cases, the time limit runs from the date of the proper consultation. We examine the grounds for dismissal and the possibilities for continued employment. An objection to an ordinary dismissal based on statutory grounds does not constitute a general veto.
Your statement may support employees, but it does not replace their own claim for protection against unfair dismissal. As a general rule, a three-week time limit applies from the date of receipt of the written notice of dismissal. We can assist your committee in effectively exercising its participation rights and in drawing the attention of those affected to this separate time limit. Personal legal advice is provided only under a separate mandate, following an assessment of any potential conflicts of interest.
For each measure, make a note of when the documents were received, any missing information and the relevant deadline. Plan the decision-making process in good time and ensure that your comments are received. Do not assume that every enquiry will suspend the running of the deadline. Draw the attention of those affected separately to the personal time limit for bringing a claim.
Frequently asked questions about HR measures
When does the consent procedure under Section 99 of the Works Constitution Act (BetrVG) apply?
This applies to companies which generally have more than 20 employees entitled to vote, prior to recruitment, reclassification and redeployment. The decisive factor is the size of the company as a whole, not just the size of your site.
How can you effectively refuse consent?
Base your refusal on a legal ground set out in Section 99(2) of the Works Constitution Act (BetrVG). As a general rule, the written notice setting out the reasons must be received by the employer within one week of you having been duly informed. Otherwise, consent is deemed to have been given.
What happens if consent is refused?
The employer may have the labour court substitute its approval. Provisional measures are only permissible under the specific conditions set out in section 100 of the Works Constitution Act (BetrVG). If the measure is implemented without the required consultation, action under section 101 of the Works Constitution Act (BetrVG) may be considered.
What are the time limits for a dismissal hearing?
In the case of ordinary dismissals, substantiated objections must be communicated in writing within one week; in the case of extraordinary dismissals, they must be communicated immediately, and at the latest within three days. The key requirement is that a proper hearing has taken place. The objection under section 102(3) relates to ordinary dismissals and must be lodged within one week.
Will your objection prevent your contract from being terminated?
No. An objection lodged in due time and in the proper manner on statutory grounds may support a claim for continued employment in the event of ordinary dismissal. Section 102(5) of the Works Constitution Act (BetrVG) requires, amongst other things, an action for protection against dismissal and a request for continued employment; judicial exceptions are possible.
Does the works council ensure that employees meet the deadline for bringing a claim?
No. As a general rule, those affected must bring a claim before the employment tribunal within three weeks of receiving written notice of termination, either in person or through their representative. Neither your response nor any discussions with your employer can replace this. Special cases should be examined on a case-by-case basis without delay.
Supporting operational changes and
staff reductions
Closure, relocation or fundamental reorganisation may constitute a change in operations. Section 111 of the Works Constitution Act (BetrVG) applies to undertakings with more than 20 employees eligible to vote on a regular basis, where there is a possibility of significant disadvantages for the workforce or substantial sections thereof. We will work with you to review the plans and their implications, and support you in requesting timely information and advice before any decisions are finalised.
In the process of reconciling interests, you negotiate the ‘if’, ‘when’ and ‘how’ of the change, such as alternatives to redundancies and a phased timetable. There is no legal obligation to reach an agreement; the necessary attempt to reach a settlement, if required through the conciliation board, remains important. At the same time, the social plan is intended to compensate for or mitigate financial disadvantages. We will negotiate appropriate benefits with you and assess whether a social plan can be enforced.
A social plan is not a blanket veto against job losses. Transfers, redundancies and individual employment rights must still be assessed on a case-by-case basis. In the event of planned mass redundancies, the consultation procedure under Section 17 of the Employment Protection Act (KSchG) also applies. We can assist you in proposing alternatives to avoid or reduce redundancies and to mitigate their consequences, and in coordinating the relevant procedures.
Request details regarding the reasons, the jobs affected, the timetable and the expected adverse effects. Develop your own alternatives, such as skills development or other employment opportunities. List the reconciliation of interests, the social plan, consultation and individual staff measures as separate items on your list of negotiation points and deadlines.
Frequently asked questions about operational changes
When must your employer involve you in decisions regarding changes to the business?
If the conditions set out in Section 111 of the Works Constitution Act (BetrVG) are met, the employer must inform you of the plans in good time and in full, and consult with you. It is not sufficient to provide information only after the measure has been implemented. The size of the company, the nature of the measure and any potential disadvantages must be assessed.
Can you force a compromise?
You cannot force the matter to be resolved. However, the employer must endeavour to strike the necessary balance of interests, if necessary through the conciliation committee. Failure to make such an attempt may give rise to claims for compensation for disadvantage on the part of the employees concerned under section 113 of the Works Constitution Act (BetrVG).
Is a redundancy plan always enforceable?
No. Subject to the statutory conditions, the conciliation committee will make a decision if no agreement can be reached. Section 112a of the Works Constitution Act (BetrVG), for example, sets out specific thresholds for pure staff reductions and exceptions for newly established companies. Voluntary agreements may nevertheless be possible.
What can you include in a redundancy plan?
Possible considerations include severance pay, compensation for loss of earnings, travel or relocation costs, and training. The decisive factors are the financial disadvantages and the circumstances of those affected. When issuing a ruling, the conciliation committee must also take into account what is financially reasonable for the company.
What does consultation mean in the context of collective redundancies?
In the case of redundancies subject to the notification requirement under Section 17 of the Employment Protection Act (KSchG), the employer must inform you in writing in good time. You must discuss together ways of avoiding or reducing redundancies and mitigating their consequences. This consultation is to be distinguished from the individual redundancy hearings.
Does the redundancy plan replace the review of individual redundancies?
No. The right to a hearing, protection against dismissal, the principle of social selection and individual time limits for bringing legal action must be examined separately. A redundancy plan does not automatically render a dismissal valid. Representing individual employees requires a separate mandate and an assessment of any potential conflicts of interest.
Your committee. A clear next step.
Please explain your case to us and let us know any upcoming deadlines. Before taking on your case, we will discuss with you the decision-making process, the scope of the mandate, the costs involved and any potential conflicts of interest.
Legal notice: This information does not replace an assessment of individual cases. Factors such as the competence of the relevant body, the size of the company and the business, collective bargaining law and the specific measure in question are all relevant. Special rules, for example those applying to protected elected representatives, politically aligned organisations or companies in insolvency, must be examined separately. Date: 13 September 2026.
Book details have been checked against the law firm’s publications page and the publisher’s website linked in the book list.
