The works council (OR) is the voice of employees in decision-making. The Works Councils Act (WOR) gives the works council clear tasks and rights to participate in a timely, well-informed and influential manner. Below we explain the core—readable for works council members, legally correct and practice-oriented.
Advisory Rights: Influence on Direction and Structure
For major decisions – such as reorganization, merger/acquisition, large investments or relocation – the employer first requests advice from the works council (art. 25 WOR). This must be done in a timely manner and with all relevant information, so that your advice still carries weight. If the employer does not follow the advice, a waiting period of one month applies and the works council can appeal to the Enterprise Chamber during that period. Example from practice: in a planned reorganization, the works council requests insight into scenarios, personnel consequences and measures to secure employment and employability.
Consent Rights: Authority over Employment and Personnel Regulations
For regulations that directly affect employees – working hours and schedules, remuneration and assessment systems, occupational health and safety policy and sick leave regulations, privacy and HR systems – consent from the works council is required (art. 27 WOR). Without consent, the employer may not implement. If the works council refuses, the employer can only request substitute permission through the district court. Example: if the employer wants to change schedules or introduce a new assessment system, consent is required before the regulation takes effect.
Information Rights: the Foundation for Good Work
No influence without information. Upon request, the employer provides all data that the works council reasonably needs (art. 31, active information right). In addition, the employer must provide information at fixed times (passive information right): including initial information about structure and management, periodic financial documents such as annual accounts and budget (art. 31a), and social information about employment and policy (art. 31b). In larger organizations (100+ employees), annual information about employment conditions and remuneration relationships is added (art. 31d).
Consultation Rights: the Regular Conversation with the Executive
The works council and the employer hold regular consultations (art. 23 WOR). This is the moment to share signals, set frameworks and make agreements about process and content. A well-prepared consultation meeting – with documents on time and a clear agenda – increases the chance of a strong works council position.
Initiative Rights: Setting the Agenda Yourself
The works council may make unsolicited proposals that improve the organization (art. 23 paragraph 3 WOR). Think of policies around hybrid working, training or a more transparent assessment framework. The employer responds with reasoning. This way, the works council maintains influence even outside formal advisory and consent procedures.
Merger, Acquisition and other Special Procedures
In mergers or acquisitions, multiple rights apply simultaneously: early information, advice on the proposed decision and attention to consequences for people, positions and conditions. Getting to the table early is crucial: this prevents fait accompli and utilizes alternatives that create support.
Increase Knowledge and Effectiveness
Operating strongly as a works council requires current knowledge and a good strategy. We regularly provide training on advisory and consent rights, information rights and effective case building—with practical cases and directly applicable tools. This way your works council stands stronger in consultations and negotiations.
👉 View our training courses for Works Councils.
Want to discuss a specific procedure or prepare your works council for an upcoming decision? Contact us—we guide works councils from preparation through to procedure, always with an eye for results and cooperation.
