Works council and trade union
Works councils and trade unions exist to protect the rights and interests of employees. Works councils are active in individual - larger - companies. Trade unions represent the interests of employees in certain sectors. Here you can find out what works councils and trade unions do and how you can become a member.
What do I need to know?
What does a works council do?
The works council represents the interests of employees before the employer. For example, it ensures that:
- laws and collective agreements are complied with.
- no one is discriminated against on the basis of gender, age, origin, etc. when hiring or promoting employees.
- employees' ideas for improving the working situation are implemented.
The works councils work on a voluntary basis. This means that they do not receive any additional money. However, the work of the works council is carried out during normal working hours. The employer must release the members of the works council for a certain number of hours.
What does a trade union do?
A trade union is an association of employees. It represents the interests of employees vis-à-vis the employer and politicians and fights for better working conditions, higher wages or more leave. As part of this fight for better working conditions, trade unions also repeatedly call for strikes. If the trade union responsible for you calls a strike and you take part, your employer may not penalize you for doing so. However, they do not have to pay you wages for the day of the strike on which you did not work. However, if you are a member of the trade union, you will receive what is known as "strike pay" as compensation. As a member, you will also receive advice and support from the union if you have a labor law problem with your employer. For example, if they dismiss you without good reason.
What is a collective agreement?
Collective agreements are agreements between employers or employers' associations and trade unions. Collective agreements regulate the working conditions (i.e. working hours, wages, etc.) of employees in a company or a sector such as the metal and electrical industry or the chemical industry. As a rule, the working conditions laid down in a collective agreement are better than in similar companies or industries without a collective agreement.
How can I become a member of a trade union?
There are various trade unions for different sectors in Germany. The largest trade union is currently the German Trade Union Confederation(DGB). You can find an overview of all trade unions in Germany at wikipedia.de. To become a member of a trade union, you must register there and pay the membership fee.
Can I become a member of the works council?
If there is already a works council in your company, you can stand as a candidate in the next election. To do so, you must meet the following requirements:
- You must be over 18 years old,
- You must not be a managerial employee and
- You must have been employed at the company for at least 6 months.
Can I set up a works council?
If there is not yet a works council in your company, you can set up a works council under the following conditions: There must be at least 5 employees entitled to vote in the company, 3 of whom must also be eligible to vote.
All employees over the age of 18 who are not executives are eligible to vote. Mini-jobbers, temporary workers, part-time employees and temporary workers who have been with the company for at least 3 months are also eligible to vote. All employees over the age of 18 who are not managers and who have been employed at the company for at least 6 months are eligible to vote. If the company has been newly established and none of the employees have been working there for more than 6 months, all employees over the age of 18 who are employed in the company at the time of the election are eligible to vote.
How long is the works council elected for?
The works council is always elected for 4 years.
How many members must a works council have?
This depends on the size of the company. If the company has fewer than 20 employees, one works council member is sufficient. If there are more than 21 employees, the works council must consist of at least 3 members. If there are more than 51 employees, it must have at least 5 members. And so on.
Can I be dismissed if I get involved in the works council?
The initiators, the election committee and the works council have special protection against dismissal. You can find out more about this in our"Dismissal" section. If you run into problems, you can contact the trade union responsible for your sector.
What exactly do I have to do to set up a works council?
If you work for a large corporation and there is already a central works council, it can simply appoint an election committee to organize a works council election.
If there is no general works council, three employees can convene a works meeting. All you have to do is send an invitation to all employees or put up a notice visible to all employees. This invitation must be sent to the employees at least 3 days before the date of the works meeting and you must also make it clear that the election committee for a works council election is to be elected at the meeting. The election committee organizes the works council election and then disbands.
The works council meeting must take place during working hours. The employer and senior executives may not attend. After an informal chairperson has been elected for the works meeting, the election committee is then elected. All employees present are entitled to vote and be elected.
At least 3 persons must be elected for the election committee. If there are more, the number must be odd. Substitute members can also be elected. One of these 3 persons is either appointed or elected as chairperson of the election committee.
There are many details and rules to be observed during the works council election, which the election committee must find out about in advance. To this end, the employer must make time and financial resources available - e.g. for buying books or attending a seminar.
If you have any questions about the legal regulations, you can also contact the trade union responsible for your sector.
Important
A works council strengthens the rights and interests of employees. The works council is supported and advised by the trade union.
The Works Council, as mentioned earlier, also collaborates with the trade union for certain activities. For instance, they may jointly advocate for employees' rights and interests during negotiations with the employer.
Moreover, in some cases, Works Council elections are overseen by a trade union representative to ensure a fair process.
Source: handbookgermany.de
