The Betriebsrat (works council) is the elected body representing a workplace’s employees. It can be elected in workplaces with usually at least five permanent employees entitled to vote, three of whom are eligible to stand. It holds graduated participation rights, from information and consultation to genuine co-determination (Mitbestimmung) in social matters. Before any dismissal it must be consulted, otherwise the dismissal is void.
At a glance
- Can be elected in workplaces with usually at least five permanent employees entitled to vote, three of whom are eligible to stand; setting one up is voluntary and the employer may not obstruct it
- Graduated rights from information and consultation to genuine co-determination in social matters (§ 87 BetrVG)
- Before every dismissal the works council must be consulted (§ 102 BetrVG); without consultation the dismissal is void
- Works council members have special protection against dismissal and a right to time off and training
FAQ
Where does the works council have genuine co-determination?
In social matters under § 87 BetrVG, such as the timing of working hours, overtime, holiday principles, and workplace conduct. The employer may not regulate these unilaterally without its consent; in a dispute the conciliation committee (Einigungsstelle) decides.
What happens if the employer bypasses it?
A dismissal without consultation is void. In co-determination matters the works council can stop measures and enforce its rights through the conciliation committee or the labour court.
Are senior executives on the works council?
No. Senior executives are not part of the workforce within the meaning of the BetrVG; their body is the Sprecherausschuss (see Leitende Angestellte).
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
