Regulations for employee representation

Here you will find information on regulations for employee representation, co-determination, and participation, as well as their legal basis.

Employee representation

In Germany, employee representation refers to various bodies and organizational forms at the establishment and company levels Codetermination In summary. The Main task The advocacy of employee representatives is the championing of the interests of employees in a company or establishment.

The tasks of the trade unions:

• negotiate with employers so-called Collective agreements from which, in particular, income, working hours, and leave are regulated for the company or industry,
• organize in the event of a labor dispute the Strike and pay strike benefits to the members,
• help at the Foundation of Works councils,
• support the employees at workplace conflicts and represent them in disputes with their employer.

Trade union members enjoy free legal protection in disputes regarding labor and social law. Membership is voluntary and subject to contributions. The German Trade Union Confederation (DGB), as the umbrella organization, has 8 individual trade unions organized within it, with a total of around 6 million members.

Duties of the Works Council / Staff Council / Employee Representative Committee

Codetermination and participation in the workplace primarily mean exerting influence on all issues that directly affect employees at their workplace. The works council, or in the public sector the staff council, or in church institutions the employee representation body, perform the following tasks:

• represents the employees vis-à-vis the employers in personnel, social, and economic matters
• ensure compliance with the laws, regulations, occupational health and safety rules, collective bargaining agreements, and company agreements applicable to the employees
• participates, among other things, in the design of workplaces, the regulation of working hours, personnel planning, and further training measures
• must be consulted in the event of every dismissal, otherwise the dismissal is invalid.

The works council is in Works Constitution Act established. For public law institutions, it is determined by the respective Staff Representation Act and for church institutions by the respective Staff Representation Act or the Staff Representation Regulations Handled.

Elect a works council or staff council

A works council or staff council can be established with at least 5 employees who have reached the age of 18 and 3 of whom have belonged to the establishment or department for 6 months. Foreign employees have the same active and passive voting rights as their German colleagues.

Employee co-determination on the supervisory board

Corporate co-determination ensures that employees participate in important economic planning and decisions of the company. It applies in larger companies with 500 or more employees that take the legal form of a corporation, such as a stock corporation (Aktiengesellschaft) or a limited liability company (GmbH).

Employees have the right to elect representatives to Supervisory boards to choose these companies in order to participate there in the entrepreneurial decision-making processes. Employees of the establishment and union representatives can be elected to the supervisory board.

The Supervisory Board monitors the management and can make certain transactions subject to its approval.

There are various laws that regulate the scope of employee participation on the supervisory boards of companies and corporate groups: From 500 employees onwards, employees have the right to elect one-third of the members of a corporation's supervisory board (One-Third Participation ActFrom 2,000 employees onwards, employees have the right to elect half of the members of the supervisory board of a corporation (Codetermination Act).

Equal Treatment Body for EU Workers

The EU in 2014 Directive on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (2014/54/EU) adopted. It obligates all member states, national advisory centers to establish for the promotion of equal treatment. In Germany in 2016 the EU Equal Treatment Body established. EU workers and their family members receive independent legal and/or other support there through counseling and referral advice. Among other things, it promotes networking with trade unions and employers' associations as well as with state and non-state institutions.

• Living and working conditions in all European Member States, including workers' representation from the European Commission's EURES portal
• "Codetermination - a good thing" brochure of the Federal Ministry of Labour and Social Affairs on workplace codetermination
• For employees posted to Germany: Fair mobility - a consulting network of the German Confederation of Trade Unions

Equal Treatment Body for EU Workers (EUGW) offers:

• Information on working and living in multiple foreign languages
• Guidelines on questions regarding the free movement of workers
• Consulting center search for a quick and easy way to find personal local contacts.

This support service assists you in exercising your rights and fulfilling your obligations within the European Single Market.

• Single Point of Contact Network

• Equal Treatment Office for EU Workers