In Germany, electing a works council is a democratic right of employees: "Works councils are elected in companies with, as a rule, at least five permanent employees entitled to vote, three of whom are eligible." This is stated in Section 1 of the Works Constitution Act (BetrVG) - the "basic law" for cooperation between employers and employees in companies.
Millions of employees elect new works councils every four years - the next time will be in 2026. However, a first-time works council election in companies that do not yet have a works council is possible at any time.

This means that if there are at least five employees of legal age in the company, at least three of whom have been working there for six months or longer, a works council is elected. This is stated in Section 1 of the Works Constitution Act. The vast majority of employers do not hinder the works council election, but allow their employees to exercise their democratic right in the company.

The employer may not prohibit or hinder the works council election. Otherwise they are liable to prosecution under Section 119 of the Works Constitution Act. However, the criminal courts - i.e. public prosecutors and criminal judges - rarely prosecute violations of section 119, partly because they are not so familiar with works constitution law. But it does happen that managing directors are sentenced to high fines.

It is better and safer not to rely on criminal courts, but to work together with colleagues and IG Metall as a competent partner to ensure the works council election is legally secure.

Better and safer work with a works council
In companies with a works council, jobs are safer and working conditions are better. The works council has documented rights to co-determination and information in accordance with the Works Constitution Act (BetrVG). It represents the interests of employees and stands up for their rights. It monitors compliance with laws and regulations and negotiates company agreements with the employer on an equal footing. The works council has a say, for example, in the distribution of working hours, shifts and breaks. It can object to individual personnel measures or refuse its consent to dismissals.

Special protection against dismissal for works councils
In contrast to normal employees, works councils have special protection against dismissal - in accordance with Section 15 of the Protection against Dismissal Act and Section 103 of the Works Constitution Act. Without a works council, the employer is only subject to a few limits. In the event of a company closure, for example, there is no reconciliation of interests and social plan with severance pay without a works council. But it doesn't have to be about losing your job. There are countless issues that not everyone can negotiate and enforce with the employer alone - such as the distribution of working hours, vacation planning or work organization.

If the boss is against a works council
You have every right to elect a works council. However, there can be a few stumbling blocks on the way to a works council election. For example, if the boss finds out about the plans too early, for example before the official election notice is posted in the company, it can be dangerous. It is not uncommon for the "ringleaders" to be thrown out on flimsy grounds. Employers often even hire law firms that specialize in hunting down works councils and trade unionists - so-called "union busters". They make life difficult for elected works councils or want to prevent their election.

After all, protection rights have been strengthened by the Works Council Modernization Act in June 2021. Employees who are preparing a works council election are now also protected against dismissal.

Preparations for the works council election
To be on the safe side, it is important to only talk to trusted colleagues at the beginning - preferably outside the company. One option is to post the election call with the invitation to elect an election committee to all employees in the company, which three employees who are entitled to vote sign as election initiators. As soon as the official election call with the three signatures is posted, these three employees are protected against dismissal.

However, it is much safer with IG Metall. A trade union represented in the company may also display the election appeal. And IG Metall is very familiar with the election regulations - and has experts and lawyers.

The election procedure is complicated. The formal organization has to be right. If you don't know your way around, it's easy to make mistakes which, in the worst case, can even render the entire election null and void. Then the protection against dismissal is also lost.

Get IG Metall to help
Therefore: Make sure you get support from us. We know the election procedure inside out and can take care of everything. We will advise you confidentially and support the election committees and bodies until the end of the elections and the end of their activities. Trade union members also have legal protection, for example if the employer tries to belittle committed metalworkers.

The election committee is then elected at the election meeting, which prepares the actual works council election in the following weeks. If the election meeting did not take place despite the invitation or if no election committee was elected there, the election committee can also be appointed by the labor court.

Conducting elections correctly and safely
A great deal of care is required when conducting works council elections: Notice of election, correct list of voters, ballot papers, postal vote, lists of nominees with the candidates - all of this must be clean. The same applies here: It is better and safer with IG Metall. A tip: It is recommended that the election initiators also act as election committee members and then possibly even stand as candidates for the works council, as their protection against dismissal is only limited. Alternatively, the election committee can also be appointed by the general works council or group works council, if there is one.

Depending on the size of the company, the preparation of the works council election by the election committee takes a week - up to twelve weeks for the simplified election procedure in companies with up to 100 employees, optional for the normal election procedure with 101 to 200 employees, mandatory in larger companies with more than 200 employees. And then the works council is elected.

The size of the works council depends on the number of employees. The works council consists of one person in companies with 5 to 20 employees entitled to vote, and 3 members in companies with 21 to 50 employees entitled to vote,
from 51 to 100 employees, 5 members, and so on.

The term of office of the new works council is four years. Works Council members have the right to resign. In this case, replacements for the works council are also elected at the election. An early election may be necessary.