The Works Councils Act (WOR) gives works councils two important instruments to exercise influence on employer decisions: the advisory right (article 25 WOR) and the consent right (article 27 WOR). Although they are sometimes confused, they differ in subjects, timing and the procedure that applies when the employer still wants to implement the decision.
A good understanding of these rights is crucial. It enables you as a works council to take the right steps at the right time – and to prevent important decisions from being made without your input.
Advisory right – influence on strategic and organizational decisions
The advisory right concerns far-reaching decisions that affect the direction, structure or financial position of the company. Consider:
- a reorganization or downsizing of the organization;
- a merger, acquisition or entering into an important partnership;
- closure or relocation of (part of) the company;
- major investments or divestments;
- termination of important business activities.
The employer must submit these proposed decisions to the works council in a timely manner, with all relevant information, so that your advice can still have substantial influence.
If the advice is not (fully) followed, there is a waiting period of one month before the decision may be implemented. This period gives the works council the opportunity to appeal to the Enterprise Chamber. It can annul or suspend the decision if it appears that it was unreasonably made or insufficient consideration was given to the advice.
Consent right – authority over employment conditions and regulations
The consent right concerns decisions that directly affect the employment conditions, working conditions and personnel regulations of employees. Some examples are:
- working hours and roster systems;
- remuneration and job evaluation systems;
- vacation arrangements;
- assessment and performance systems;
- regulations regarding working conditions, sick leave and reintegration;
- privacy regulations or systems for personnel monitoring systems.
For these decisions, the employer may not act without prior consent from the works council. If the works council refuses consent, the employer can only request substitute permission through the district court. The court examines whether the works council’s refusal was reasonable and whether there are compelling business interests to implement the decision anyway.
If the employer ignores the consent procedure and implements the decision anyway, the decision is void. The works council can demand compliance and force the employer to reverse the decision.
The difference in legal position regarding advice and consent
The main difference lies in the distribution of initiative and blocking power:
- Advisory right: the employer can implement the decision, even if the works council advises negatively, but must respect a waiting period and runs the risk of Enterprise Chamber intervention.
- Consent right: without consent from the works council, the decision cannot proceed in principle, unless the district court still grants permission.
In practice, this means that consent rights provide a stronger formal blockade, but advisory rights often involve strategically more significant decisions.
Increase your knowledge and effectiveness
The strategic use of advisory and consent rights requires current knowledge, preparation and sometimes practice in conducting the right conversation with the employer. Therefore, we offer training for works councils in which we extensively cover these and other themes from the WOR. With practical examples, legal frameworks and concrete tips, we help you to be stronger in consultations and negotiate better.
👉 View our training courses for works councils.
Do you want to know how your works council can optimally utilize these rights and which strategy fits? We have extensive experience in guiding works councils through advisory and consent procedures, from preparation to court proceedings. Contact us for a brainstorming session about your specific situation.
