As a Works Council (WC), you can only work effectively if you have access to the right information. The Works Councils Act (WCA) therefore grants various information rights to the Works Council. These rights can be divided into so-called active and passive information rights.
With active information rights, the Works Council must request information from the employer themselves. With passive information rights, it is the employer who provides information on their own initiative.
For a starting Works Council, it is important to understand these rights well, so you know what you can expect when.
General information right (article 31 paragraph 1 WCA)
The employer must provide, upon request, all information and data that the Works Council reasonably needs for its duties. The Works Council must clearly indicate what information is needed, for what purpose and why. This is an active right: you must ask for it yourself. The employer may object if they believe the information is not necessary for Works Council work.
Basic information at the start of the term
At the beginning of each term, the employer must provide certain basic data, such as the legal form, articles of association, names of directors, organizational structure and lasting relationships with other companies. Changes during the term must be communicated as soon as possible. This is a passive right.
Additional annual information for larger companies
For companies with more than 100 employees, the employer must annually provide written information about employment conditions arrangements, per group of employees, and about compensation ratios. This is also a passive right.
Financial information (article 31a WCA)
At least twice a year, the employer must provide financial data, such as the annual accounts, annual report, group results, investment plans and the budget. This takes place within the framework of the consultation meeting and can be done orally or in writing.
Information about social affairs (article 31b WCA)
The Works Council has the right to information about employment, expectations and plans for the coming year and the social policy pursued. Major changes must be reported immediately.
Additional employment conditions information (article 31d WCA)
For companies with more than 100 employees, the employer must also annually provide information about employment conditions arrangements for different groups, the management and the supervisory body.
Pension information (article 31f WCA)
The employer must inform the Works Council as soon as possible about proposed changes to pension implementation agreements or regulations.
Why these rights are important
Without complete and timely information, the Works Council cannot perform its duties properly. By knowing what information must be provided when, the Works Council can proactively respond to developments and better prepare for consultation with the employer.
Increase your knowledge and effectiveness
Optimally utilizing information rights requires knowledge of the WCA and insight into how to apply these rights in practice. Therefore, we offer training for Works Councils on information rights and other WCA topics, including practical tips and strategies.
👉 View our training courses for Works Councils.
Would you like to discuss how your Works Council can effectively use these rights? Contact us – we guide Works Councils daily in strengthening their position and utilizing their legal rights.
