The ABC of works council elections

Getting the works council election right

For the works council election to be a success, everything has to be right. Above all, it is important to avoid pitfalls during the organization. Our abc provides an overview of what is important during the works council election.

Before the most important principles relating to the works council elections themselves, a quick tip to raise employee awareness: In addition to formal notices, election committees should draw attention to the upcoming election with flyers, circulars and advertising material.

For the election day itself, IG Metall Berlin offers special door hangers and door displays: “Works council election today”. As well as posters and signposts: “Click here to vote”. Creative tools, such as a countdown counter at the factory gate showing the days until the election, are particularly effective. More information on materials and campaigns can be found on our extranet, the network for our volunteer metalworkers.

Direct contact at works and divisional meetings is very important, as is personal contact.

Beware of pitfalls
The formal organization must be right. Even minor details can make the election contestable. The principle is: all eligible voters and proposals must have the same opportunities. Be meticulous even with trivial matters. It is best to always use the same forms for notices, lists of proposals and ballot papers.

The election committee should be in its office during the office hours stated on the election notice - and only accept objections and proposals there and document them in writing.

Postal voting must be clearly regulated - including for employees on parental leave and part-time work for older employees. Are the lists of voters and nominations updated and posted? Who is new to the company, out, or a senior employee? Are there enough or duplicate supporting signatures?

If in doubt, always coordinate closely with the local IG Metall union. For active members, there are additional work aids on the extranet to ensure a safe election.

The abc on works council elections once again lists the most important principles - why a works council and what is important in the election.

Term of office
It is four years. The next Works Council elections will take place in 2026


Works Council
It represents the interests of the employees and has a say in the company. The works council is democratically elected by the workforce and has enforceable rights. It is based on the Works Constitution Act (BetrVG). This means that employees have more rights and are involved in decision-making processes.


IG Metall on site
It provides competent assistance in initiating and conducting works council elections. IG Metall Berlin support with materials, seminars and advice. It has the works council's back.

Candidates
All eligible employees who have been with the company for at least six months can stand for election.


Temporary employees
They vote and count (reading tip: “Temporary workers have a say”). Temporary workers who are regularly deployed in the hirer's company are generally counted towards the size of the works council. This was decided by the Federal Labor Court (7 ABR 69/11 ) on March 13, 2013. For companies with up to 51 employees, the eligibility to vote is also important.

“Normally” employed within the meaning of section 9 BetrVG are (temporary) employees who are normally employed in the company for the majority of the year. This is not only based on the number of employees in the past. The expected future development of the workforce based on specific decisions by the employer must also be taken into account.

Co-determination
The works council has extensive co-determination rights. It must be consulted on transfers, warnings and dismissals. It has a say on pay issues such as grouping and bonuses. It must be involved in overtime, the organization of working hours and vacation planning. Training and further training, accident prevention and health protection are also part of its remit. The works council has a wide range of opportunities to shape the company by negotiating company agreements.


Without a works council?
Then now is the time to get started! It is possible to set up a works council if there are five or more employees entitled to vote.


Eligible to vote
All employees of the company who have reached the age of 16 are eligible to vote. Temporary workers are entitled to vote from the first day of employment in the hirer's company if they are to be employed for longer than three months.


Number of works council members
In companies with 5 to 20 employees entitled to vote, the works council consists of one person, up to 50 employees of three members, with 51 to 100 employees of five members, up to 200 employees of seven members and so on. In companies with 1,001 to 1,500 employees, the works council has 15 members. In a company with 200 or more employees, one member of the works council is exempted.

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