Establish a works council - you need to know that

If you want to set up a works council, there are certain requirements that you must meet. You can find out how to set up such employee representation and other important information in our article.

Establishing a works council: requirements and elections

The Works Constitution Act provides that a works council can be established in companies under private law in which there are at least five permanent employees entitled to vote.

• If there is already a general or group works council in companies with several companies, this can determine whether a company works council should be established in companies without works councils.
• If the company does not yet have a works council, at least three employees who are entitled to vote or a trade union represented in the company must convene a works meeting. The employees present elect an election board consisting of three people. This election committee organizes the works council election.
• All employees of the company who are at least 18 years old (including trainees) are entitled to vote. Temporary workers can also vote if they work for the company for more than three months. However, executives have no right to vote when it comes to the works council.
• After the works council election and the announcement of the results, there is a "constituent meeting" of the newly elected works councils, during which the works council is officially founded.
• The term of office of the works council is four years.

The number of works council members

A works council can be founded if there are at least five employees with voting rights in the company. However, the number of works council members varies - and depends on the number of employees in the company:

• 5 - 20 employees: 1 member of the works council
• 21 - 50 employees: 3 works council members
• 51 - 100 employees: 5 works council members
• 101 - 200 employees: 7 works council members
• 201 - 400 employees: 9 works council members
• 401 - 700 employees: 11 works council members
• 701 - 1, 000 employees: 13 works council members
• 1, 001 - 1, 500 employees: 15 works council members
• 1, 501 - 2, 000 employees: 17 works council members
• 2, 001 - 2, 500 employees: 19 works council members
• 2, 501 - 3, 000 employees: 21 works council members
• 3, 001 - 3, 500 employees: 23 works council members
• 3, 501 - 4, 000 employees: 25 works council members
• 4, 001 - 5, 000 employees: 29 works council members
• 5, 001 - 6, 000 employees: 31 works council members
• 6, 001 - 7, 000 employees: 33 works council members
• 7, 001 - 9, 000 employees: 35 works council members
• For companies where this number is exceeded, the following applies: For every 3, 000 employees started, two works council members are added (i.e. 37 members for 9, 001 to 12, 000 employees, 39 works councils for 12, 001 to 15, 000 employees, etc.).

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