co-determination

Works Council

In an enterprise with 50 or more employees, a works council (OR) is mandatory. For important company decisions, consent or advice must often first be sought from the Works Council. We advise in these processes, which are often part of a reorganization or harmonization of employment conditions. The purpose of a Works Council is to promote participation within a company.

Establishment

Various rules apply to the establishment of a Works Council. These include the organization of elections, which employees may elect and which employees may be elected. Each works council must also have works council regulations.
Group works council (GOR), collective works council (COR), joint works council (GMOR)
Within larger companies and concerns, other works councils may also be established, such as the GOR, COR or GMOR. These works councils promote employee participation at a more central level.

Staff representation (PVT)

In a company with at least 10, but less than 50, employees, a PVT is mandatory if half of the employees request it or if stipulated in an applicable collective bargaining agreement. An obligation to advise and consent also applies in the case of the PVT, but it is less far-reaching than in the case of a Works Council. The obligation to advise involves important decisions regarding dismissal, change of employment, working conditions or conditions of employment. The obligation to consent applies to important decisions regarding working hours, health and safety policy and sick leave policy. Furthermore, the PVT is entitled to information about the general course of affairs within the company.

We advise and assist both entrepreneurs and works councils in implementing employee participation.