{"id":12413,"date":"2025-03-22T12:00:33","date_gmt":"2025-03-22T12:00:33","guid":{"rendered":"https:\/\/bosporus24.de\/?p=12413"},"modified":"2025-03-18T12:53:16","modified_gmt":"2025-03-18T12:53:16","slug":"gewerkschaften-und-betriebsraete-welche-mitbestimmung-gibt-es-in-deutschland-ein-leitfaden-fuer-arbeitgeber-aus-der-eu","status":"publish","type":"post","link":"https:\/\/bosporus24.de\/en\/gewerkschaften-und-betriebsraete-welche-mitbestimmung-gibt-es-in-deutschland-ein-leitfaden-fuer-arbeitgeber-aus-der-eu\/","title":{"rendered":"Trade unions and works councils: What co-determination exists in Germany? - A guide for employers from the EU"},"content":{"rendered":"

Companies from the EU that operate in Germany or employ workers here must comply with the Co-determination rights<\/strong> of trade unions and works councils. German labor law is strongly geared towards the protection of employees, and the participation of employee representatives is enshrined in law.<\/p>\n

1. trade unions in Germany: influence on working conditions and wages<\/strong><\/h2>\n

Trade unions in Germany are Powerful interest groups<\/strong> of the employees. They play a central role in shaping working conditions and collective agreements.<\/p>\n

Important points for EU employers:<\/strong>
- Trade unions represent the interests of employees vis-\u00e0-vis employers and politicians.
- You negotiate Collective agreements<\/strong>which regulate wages, working hours and working conditions.
- Collective agreements can be be binding<\/strong>if:<\/p>\n

    \n
  • The company is a member of the relevant employers' association.<\/li>\n
  • A Declaration of general applicability<\/strong> by the Federal Ministry of Labor (e.g. in the construction industry or in the care sector).<\/li>\n<\/ul>\n

    Practical example:<\/strong>
    A Spanish construction company posts employees to Germany. As the construction collective agreement has been declared generally binding, the company must comply with this collective agreement - even if it is not a member of the employers' association.<\/p>\n

    1.1 What collective agreements are there in Germany?<\/strong><\/h3>\n

    Types of collective agreements:<\/strong><\/p>\n

      \n
    • Industry collective agreement:<\/strong> Applies to an entire industry (e.g. metal industry, care, construction industry).<\/li>\n
    • Company collective agreement:<\/strong> Only applies to a single company.<\/li>\n<\/ul>\n

      Important contents of collective agreements:<\/strong>
      Minimum wages and salary structures
      Working hours, shift models and overtime regulations
      Notice periods
      \nSpecial payments (e.g. Christmas bonus, vacation pay)<\/p>\n

      – <\/span>Advantages for EU employers:<\/strong>
      1. <\/span>Planning security<\/strong> through fixed wage and working time regulations.
      2.<\/span>Avoidance of labor disputes<\/strong>if companies adhere to the applicable collective agreements.<\/p>\n

      2 Works councils in Germany: When do employers have to involve them?<\/strong><\/h3>\n

      2.1 Works council election: When is a works council mandatory?<\/strong><\/h4>\n

      According to Works Constitution Act (BetrVG)<\/strong> employees in Germany have the right to request a Works Council<\/strong> to choose.<\/p>\n

      – <\/span>Obligation to elect a works council:<\/strong><\/p>\n

        \n
      1. At least 5 permanent employees in the company:<\/strong> Possibility to establish a works council.<\/li>\n
      2. From 50 employees:<\/strong> Works Council must be involved in economic decisions.<\/li>\n
      3. From 200 employees:<\/strong> Works Council can have a representative released from duties.Practical example:<\/strong>
        A French logistics company operates a warehouse in Germany with 60 employees. The employees decide to elect a works council. The company must now involve the works council in decisions on working hours and social plans.<\/li>\n<\/ol>\n

        2.2 What rights does a works council have in Germany?<\/strong><\/h3>\n

        In Germany, a works council has far-reaching Co-determination rights<\/strong>. Employers from the EU must be prepared for the fact that many decisions can only be made with the consent of the works council.<\/p>\n

        Issues subject to co-determination (employer needs the consent of the works council!):<\/strong><\/p>\n

          \n
        • Working hours:<\/strong> Introduction of shift models or overtime regulations.<\/li>\n
        • Vacation plans:<\/strong> Regulations on vacation planning.<\/li>\n
        • Use of monitoring systems:<\/strong> Introduction of time recording or video surveillance.
          \n
          \n-topics with consultation and information obligations (works council must be involved):<\/strong><\/li>\n
        • Hiring and dismissals:<\/strong> Works Council can object to dismissals in certain cases.<\/li>\n
        • Planned restructuring:<\/strong> Companies must inform the works council.<\/li>\n
        • Introduction of new technologies:<\/strong> If these influence the way you work.<\/li>\n<\/ul>\n

          Practical example:<\/strong>
          A Dutch transport company wants to introduce a GPS monitoring system for drivers at its German site. As this represents a control of the employees, must be approved by the works council<\/strong>.<\/p>\n

          2.2 What rights does a works council have in Germany?<\/strong><\/h3>\n

          In Germany, a works council has far-reaching Co-determination rights<\/strong>. Employers from the EU must be prepared for the fact that many decisions can only be made with the consent of the works council.<\/p>\n

          Issues subject to co-determination (employer requires the consent of the - <\/strong><\/p>\n

            \n
          • works council!):<\/strong>Working hours:<\/strong> Introduction of shift models or overtime regulations.<\/li>\n
          • Vacation plans:<\/strong> Regulations on vacation planning.<\/li>\n
          • Use of monitoring systems:<\/strong> Introduction of time recording or video surveillance.–<\/span>Topics requiring consultation and information (works council must be involved):
            \n<\/strong><\/li>\n
          • Hiring and dismissals:<\/strong> Works Council can object to dismissals in certain cases.<\/li>\n
          • Planned restructuring:<\/strong> Companies must inform the works council.<\/li>\n
          • Introduction of new technologies:<\/strong> If these influence the way you work.<\/li>\n<\/ul>\n

            Practical example:<\/strong>
            A Dutch transport company wants to introduce a GPS monitoring system for drivers at its German site. As this represents a control of the employees, must be approved by the works council<\/strong>.<\/p>\n

            3. dismissal and works council: special hurdles for employers<\/strong><\/h2>\n

            -Special protection against dismissal in Germany:<\/strong>The works council must be <\/strong><\/p>\n

              \n
            • termination must be heard.<\/strong><\/li>\n
            • In companies with more than 10 employees:<\/strong> Dismissals must be socially justified.<\/li>\n
            • Works council members enjoy special protection against dismissal.<\/strong><\/li>\n<\/ul>\n

              Practical example:<\/strong>
              A Polish production company wants to lay off employees in Germany. The dismissal can be contested without the consent of the works council.<\/p>\n

              Tip for employers:<\/strong>
              Anyone planning redundancies for operational reasons should discuss a solution (e.g. social plan or severance pay) with the works council at an early stage.<\/p>\n

              4 What obligations do EU employers have towards the works council?<\/strong><\/h2>\n

              -Employers must make it possible for the works council to<\/strong><\/p>\n

                \n
              1. Participation in works council training<\/li>\n
              2. Use of a works council office or room<\/li>\n
              3. Release of works council members for meetings- Sanctions for failure to comply with co-determination:
                \n<\/strong>Fines of up to \u20ac10,000<\/strong>if the employer ignores the works council.
                Labor court proceedings<\/strong>if the works council blocks a dismissal or measure.<\/li>\n<\/ol>\n

                Practical example:<\/strong>
                A Belgian company transfers employees in Germany without the consent of the works council. The works council takes legal action and forces a reversal of the decision.<\/p>\n

                5. strategies for EU employers in dealing with trade unions & works councils<\/strong><\/h2>\n
                  \n
                • Communicate at an early stage:<\/strong> Works councils and trade unions should be involved in major decisions from the outset.
                  Check collective agreements:<\/strong> If the company is bound by collective agreements, these must be observed.
                  Obtain legal advice:<\/strong> Advice from a specialist employment lawyer is particularly advisable in the event of dismissals or restructuring.
                  Cooperative collaboration:<\/strong> A works council can help to improve working conditions and avoid conflicts.<\/li>\n<\/ul>","protected":false},"excerpt":{"rendered":"

                  Unternehmen aus der EU, die in Deutschland t\u00e4tig sind oder Arbeitnehmer hier besch\u00e4ftigen, m\u00fcssen sich mit den Mitbestimmungsrechten von Gewerkschaften und Betriebsr\u00e4ten auseinandersetzen. Das deutsche Arbeitsrecht ist stark auf den […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[211,215],"tags":[],"class_list":["post-12413","post","type-post","status-publish","format-standard","hentry","category-arbeitsrecht-mitarbeiter-aus-dem-ausland","category-gewerkschaften-und-betriebsraete-welche-mitbestimmung-gibt-es-in-deutschland-ein-leitfaden-fuer-arbeitgeber-aus-der-eu"],"_links":{"self":[{"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/posts\/12413","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/comments?post=12413"}],"version-history":[{"count":1,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/posts\/12413\/revisions"}],"predecessor-version":[{"id":12437,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/posts\/12413\/revisions\/12437"}],"wp:attachment":[{"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/media?parent=12413"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/categories?post=12413"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bosporus24.de\/en\/wp-json\/wp\/v2\/tags?post=12413"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}