Works Council: These are the tasks and duties
Related Videos: The tasks of a European Works Council (May 2024).
The works council represents the interests of a company's employees - but what exactly does that mean? What does the works council deal with, what are its tasks, rights and obligations? We answer these questions.
Tasks of the works council
The tasks, rights and obligations of the works council are defined in the Works Constitution Act (BetrVG). The tasks of the committee can be roughly divided into monitoring, protection and design tasks:
- Monitoring tasks : ensures that the laws, ordinances, accident prevention regulations, collective agreements and company agreements are observed in favor of the employees.
- Protection tasks : promotes equality between women and men (in recruitment, employment, training, further education and professional advancement); promotes employment and integration of older or severely disabled people and foreign workers; promotes the compatibility of family and work; secures employment in the company; promotes occupational safety and environmental protection measures.
- Design tasks : requests measures from the employer that serve the company and the workforce; prepares the election of the youth and trainee representative body (JAV) and partially carries it out; accepts suggestions from employees and the JAV and conducts negotiations with the employer to ensure that suggestions that appear justified are dealt with.
Works Council Rights
In order for the works council to be able to fulfill its tasks, the legislator has also defined certain rights. In addition to the rights of individual members (e.g. protection against dismissal), the works council has the following rights:
- Information rights : The employer must inform the works council comprehensively and timely about matters in its area of responsibility.
- Participation rights : When it comes to certain matters, such as dismissals, the employer must listen to or consult with the works council. However, the final decision is made by the employer.
- Co-determination rights : For certain individual personnel measures (e.g. hiring or transfer), the employer requires the approval of the works council. If the works council refuses approval (right to refuse consent), the arbitration board makes the final decision.
Obligations of the works council
The works council has not only duties and rights, but also duties - some of which are regulated by law.
- General duties : participation in works council meetings and discussions with the employer; trustful cooperation with the employer; Maintaining company peace; No party political activity in the company.
- Confidentiality obligations : Works councils must keep certain information secret, such as trade or business secrets, employee issues and complaints, personnel matters, information from the Economic Committee.
- Training obligation : Members take part in regular training so that they are always up to date with certain laws and can properly represent the interests of employees.
In our next practical tip, you will learn everything you need to know to set up a works council.