Inhouse – Basics of Works Constitution Act

Legal status of the works council members

• Honorary nature of post, general release from work
• Temporary release from work duties
• Training and educational courses
• Special protection against unfair dismissal

Management of the works council

• The chairperson: Rights and duties
• Works council meeting: How to make a legally binding decision
• Expenses of the works council: employer´s duty to defray costs

Responsibilities and duties of the works council

• Spirit of mutual trust (Section 2 BetrVG)
• Catalogue of duties (Section 80 BetrVG)
• Monthly conference of employer and works council
• Works council members: Secrecy obligation

Co-determination in social matters

• Definition of social matters (Section 87 BetrVG)
• Matters of co-determination including working hours and travel time, leave arrangements, technical monitoring
• Ways to exercise co-determination
• Works agreement and conciliation committee

Participation in staff policy before recruitment

Co-determination in individual staff movements

• Recruitment and transfer (Section 99 BetrVG)
• Legal effects of disregarding works council`s rights
• Options for the works council to react
• Reasons to refuse consent 

Co-determination in case of dismissal

• Ways to end an employment
• Dismissal with notice and instant dismissal
• Options of the works council before a dismissal (Section 102 BetrVG)
• Specially protected persons

Knowledge after attending this training session

• Basics of the Works Constitution Act
• Legal status of the works council members
• Management, responsibilities and duties of the works council
• Co-determination in social matters, in individual staff movements and in case of dismissal