The works council is the body that represents employees at companies above a certain size, with functions that go far beyond negotiating the collective bargaining agreement, and that many employees are entirely unaware of.
When a works council exists
It's set up at workplaces with a workforce equal to or above a certain threshold (generally 50 employees), through an election process in which the employees at that workplace themselves take part. At smaller companies or workplaces, representation falls to staff delegates, with similar functions but a smaller number of representatives.
The main functions of a works council
- Receiving regular information on the company's financial situation, employment trends, and other relevant matters the company is required to disclose.
- Being consulted before the company makes certain significant decisions (restructuring, major changes to work organization), though that consultation doesn't necessarily amount to a veto right — it does, however, oblige the company to listen and justify its final decision.
- Monitoring compliance with labor and Social Security regulations, as well as workplace health and safety conditions.
- Taking part in collective bargaining, where applicable, over the company-level agreement.
The right to the company's financial information
One of the most significant and least-known rights is the council's access to certain economic and financial information about the company (with varying levels of detail depending on company size and type), which lets it properly assess the company's real situation when facing decisions that could affect jobs or working conditions.
Protections for works council members
Employee representatives have certain specific protections for carrying out their role, such as a monthly allowance of paid hours set aside for representative activity, and stronger protection against company decisions that could be motivated by their representative work (such as dismissals or transfers).
How you can get involved as an employee
Even if you're not a council member, you have the right to approach its representatives to raise issues about your working conditions, and to take part in staff assemblies that may be called to inform employees about significant matters affecting the whole workforce.
Consult your works council in complex situations
If you're going through a complex work situation (an ERTE, a change to your working conditions, a collective dismissal process), your workplace's works council can be a valuable source of information and support before making decisions. Our severance pay calculator can complement that information with an indicative financial estimate for your specific situation.