Working with the Works Council: Introduction for Line Managers and HR

Background

• Sources of employment law - plus similarities and key differences compared to common law jurisdictions.
• Cultural differences in interpersonal relations.
• The German corporate structure and its impact on the management function.
• Key players: trade unions, works councils and employer associations.

Working with the Works Council on staff/HR matters

• Information, consultation and co-determination.
• Representation of executives within corporates.
• Works council involvement throughout the lifecycle of the employment relationship.
• Role of works council agreements.
• Role of collective bargaining agreements.

Works Council Agreements

• Form requirements.
• Relationship between employment contract and works council agreement.
• Favourability principle (Günstigkeitsprinzip).
• Collective bargainig agreement: flexibility clauses (Öffnungsklauseln).
• Ad hoc informal arrangements with the works council (Regelungsabreden).
• Custom and practice.
• Co-determination rights of the works council – the catalogue of section 87 of the Works Constitution Act (§ 87 BetrVG).
• Conciliation process (Einigungsstellenverfahren).

Practical examples

• Case study: Collective redundancies and the role of the works council.
• Negotiating a social plan (Sozialplan) and balancing of interests agreement (Interessenausgleich).
• Case study: Outsourcing as a “change to the business” (Betriebsänderung).

Expiry date of Works Council Agreements

• Changing works council agreements.
• Terminating works council agreements and consequences.
• Continuation of terms of works council agreements beyond the termination date (Nachwirkung).
• Works council agreements and M&A.

This seminar will help you

• to identify and understand the level of German works council participation,
• to identify typical conflict areas between management and works council, and
• to prevent costly mistakes for your business.

This is a one-day course delivered by a team of two of our experienced trainers.

The course language is English and all course material will be provided in English. No prior knowledge of German employment law is required.

Non-German-speaking HR managers with personnel responsibility in Germany, but without or little prior knowledge of German employment law and human resources