Introduction
This document provides information about Candidate Lists in the Works Council election. It describes the legal bases, practical aspects of list formation and the difference between list candidacy and individual candidacy.
1. What is a Candidate List?
A Candidate List is a joint election proposal by several candidates for the Works Council election. Several employees stand together on a list, instead of standing individually.[1]
Basic principle:
– A list consists of at least one person
– Lists can contain any number of candidates
– The order of candidates on the list is determined before submission
– Voters vote for the entire list, not for individual candidates
2. Why Do Candidate Lists Exist?
2.1 Legal Background
The Works Constitution Act (BetrVG) provides for the possibility of Candidate Lists.[2] Lists enable employees to stand jointly for the Works Council election.
2.2 Practical Reasons for List Formation
Lists are frequently formed in practice due to:
Shared interests:
– Employees with similar professional situations or concerns
– Employees from the same department or work area
– Employees with comparable working time models
Organisational aspects:
– Coordination of shared positions
– Division of labour in collecting Supporting Signatures
– Joint campaign management
Different employee groups:
In companies, different groups with specific interests may exist:
– Employees from different departments or work areas
– Working students with requirements for working time models
– Full-time and part-time employees
– Employees with different cultural or religious backgrounds
– Shift workers with specific requirements
Each of these groups may have their own priorities and concerns that they wish to see represented on the Works Council.
2.3 Diversity of Interest Representation
A diverse Works Council landscape with different lists can help ensure that different perspectives and concerns of the workforce are represented on the Works Council. This is not legally required but corresponds to practice in many companies.
2.4 Term of Office and Continuity
Term of Office and company membership:
The Works Council Term of Office is 4 years.[15] Works Council members must remain employees of the company throughout their entire Term of Office. Upon termination of the employment relationship (through resignation, change of employer, etc.), Works Council membership automatically ends.[16]
Relevance for list formation:
When compiling a list, the following considerations may be relevant:
– Mix of long-standing and newer employees
– Sufficient number of candidates on the list to ensure Substitute Members
– Consideration of the 4-year Term of Office when selecting candidates
Lists provide continuity:
When a Works Council member departs, Substitute Members succeed. With proportional representation, succession occurs from the same list, ensuring that the shared interests of the list remain represented on the Works Council even with personnel changes.
3. Types of Candidate Lists
3.1 Trade Union Lists
Definition:
Lists proposed by a trade union represented in the company.[3]
Special features:
– Require only 2 signatures from trade union authorised representatives (instead of the usual Supporting Signatures)
– Trade union authorised representatives must be employed at the company and eligible to vote
– Considerable procedural facilitation compared to other lists
Practical advantage:
The lower number of required signatures considerably facilitates the submission of a trade union list.
3.2 Other Candidate Lists
Definition:
Lists not submitted by a trade union.
Requirements:
– At least 1/20 (5%) of eligible voters as Supporting Signatures
– In any case sufficient: 50 signatures[4]
Examples by company size:
| Eligible voters | Minimum requirement 1/20 | In any case sufficient |
|---|---|---|
| 50 | 3 | 50 |
| 100 | 5 | 50 |
| 150 | 8 | 50 |
| 200 | 10 | 50 |
Note on designation:
Lists do not have to be submitted by trade unions. Any group of employees can form and submit a list, provided the formal requirements are met.
4. Forming a Candidate List
4.1 Preparation Phase
Step 1: Identify shared interests
Employees who wish to form a joint list should first identify their shared concerns. These may include:
– Working time regulations
– Shift planning
– Compatibility of family and work
– Specific requirements of certain employee groups
– Occupational health and safety
– Workplace climate
– Communication with management
Step 2: Find potential candidates
Within the interest group, persons must be identified who:
– Meet the legal requirements for candidacy[5]
– Are willing to fulfil the time and content requirements
– Can represent the interests of the group
Step 3: Organise the list
- Determine the order of candidates on the list
- Coordinate tasks (collecting signatures, campaigning)
- Clarify internal arrangements
4.2 Formal Requirements
Content of the Candidate List:[6]
– Family name and first name of the candidates
– Date of birth
– Type of employment in the company
– Recognisable order (sequential numbering)
– Written declaration of consent from each candidate
Supporting Signatures:
– Trade union lists: 2 signatures from trade union authorised representatives
– Other lists: At least 1/20 of eligible voters, a maximum of 50 signatures always sufficient
Submission:
– Deadline: Within 2 weeks after the Election Notice is issued
– Submit to the Election Committee
– Have completeness checked
4.3 Designation of the List
Lists may give themselves a name but are not required to do so. Common designations are:
– Name of the supporting trade union (for trade union lists)
– Descriptive names (e.g. “Drivers’ List”, “Hub Workers’ List”)
– Neutral numbering (List 1, List 2, etc.)
The designation is made by the list itself, not by the Election Committee.
5. Legal Aspects
5.1 Protection Against Dismissal for List Candidates[7]
For all candidates on approved lists:
– Special Protection Against Dismissal from the time the Candidate List is established
– Also applies to candidates who are not elected
– Ends 6 months after the announcement of the election result
For elected Works Council members:
– Protection Against Dismissal during the entire Term of Office
– Continuing protection: 12 months after the end of the Term of Office
– Ordinary dismissals are excluded
For Substitute Members:
– Protection Against Dismissal during substitution of a regular member
– Continuing protection: 12 months after the end of substitution
5.2 Equal Treatment of Lists
The Election Committee is obliged to treat all lists equally.[8] This means:
– Equal information for all lists
– Equal announcement of all approved lists
– No favouring or disadvantaging of individual lists
– Neutral presentation in the Election Notice
5.3 Approval of Lists
The Election Committee examines submitted lists for:
– Formal completeness
– Fulfilment of signature requirements
– Eligibility to vote and eligibility to stand of the candidates
In the case of formal deficiencies, a deadline for rectification may be granted.[9]
6. List Candidacy vs. Individual Candidacy
6.1 List Candidacy
Advantages:
– Joint campaigning possible
– Division of labour for organisational tasks
– Representation of shared positions
– Mutual support
– For trade union lists: Only 2 signatures required
Practical aspects:
– Coordination within the list is necessary
– Joint agreements are required
– Position on the list influences election chances
6.2 Individual Candidacy
Characteristics:
– Candidacy without connection to other candidates
– Full independence in positions and campaigning
– Collection of Supporting Signatures required (as with other lists)
Practical aspects:
– All organisational tasks must be managed alone
– No joint campaigning
– Complete independence
6.3 Decision Criteria
The decision between list and individual candidacy depends on:
– Existence of shared interests with other candidates
– Willingness to cooperate
– Organisational capacity
– Trade union membership (if a trade union list is desired)
7. Election Procedure and Works Council Size
7.1 Works Council Size
The number of Works Council members to be elected is determined by § 9 BetrVG and depends on the number of eligible voters:
| Eligible voters | Works Council members |
|---|---|
| 5–20 | 1 |
| 21–50 | 3 |
| 51–100 | 5 |
| 101–200 | 7 |
| 201–400 | 9 |
| 401–700 | 11 |
| 701–1,000 | 13 |
The exact number of eligible voters is determined by the Election Committee in the Voter List. This number is decisive for the Works Council size.[17]
7.2 Election Procedure: Simplified or Standard?
Simplified election procedure:[11]
– Mandatory: For 5–100 eligible voters
– Optionally possible: For 101–200 eligible voters
– Decision: Election Committee jointly with the employer
– No agreement = automatically standard procedure
Standard election procedure:
– Default for 101–200 employees
– Mandatory from 201 employees
Application:
– For 101-200 employees, the standard election procedure applies in principle
– The Election Committee may agree with the employer on the simplified procedure, but does not have to
– No agreement = automatically standard procedure
7.3 Proportional Representation vs. Majority Vote
The type of election depends on the procedure and the number of lists:
In the simplified election procedure:
– Always majority vote
– No lists in the sense of proportional representation
– Voters have as many votes as there are seats
– Candidates with the most votes are elected
In the standard election procedure:
– Proportional representation as a rule (list election)
– Exception: With only one single list → majority vote
– With two or more lists → proportional representation
7.4 Proportional Representation in Detail
How it works in the standard procedure with multiple lists:
- Voters vote for an entire list
- Seats are distributed proportionally by vote share
- Within the lists, seats are allocated according to the order of candidates
Example with 7 Works Council members to be elected:
– List A: 60% of votes → 4 seats (the first 4 candidates of List A)
– List B: 40% of votes → 3 seats (the first 3 candidates of List B)
Important: The order of candidates on the list is decisive for election chances.
7.5 Significance of Lists for Succession
With proportional representation: Lists secure continuity of interests
A particularly important aspect: Substitute Members succeed from the same list as the departing member.[12]
Practical example:
– List “Shift Workers’ Interests” receives 3 seats
– Candidates 1, 2 and 3 are elected
– Candidates 4, 5, 6 of the list automatically become Substitute Members
– If Candidate 2 leaves (resignation, change of employer):
→ Candidate 4 from the same list succeeds
→ The shift workers’ interests remain represented on the Works Council
Significance for list formation:
– Lists with multiple candidates offer more stability
– Shared interests remain represented on the Works Council even with personnel changes
– Substitute Members secure the continuity of list interests throughout the entire 4-year Term of Office
7.6 Practical Significance of Lists
If the standard procedure with proportional representation applies:
– Lists have a direct influence on seat distribution
– Shared positions can be represented in a coordinated manner
– Substitute Members secure continuity of interests
– Strategic advantage: More candidates = more Substitute Members = more stability
If the simplified procedure is agreed:
– Majority vote instead of proportional representation
– Lists have no direct influence on seat distribution
– Nevertheless practical benefit: Joint campaigning, organisational facilitations (especially trade union lists), Protection Against Dismissal for all list candidates
In both cases:
– Trade union lists require only 2 signatures (major advantage)
– All list candidates receive Protection Against Dismissal from the time the list is established
8. Substitute Members and Succession
8.1 What are Substitute Members?
Substitute Members are candidates who did not receive enough votes for a regular seat but received at least one valid vote.[13]
Automatic determination:
– No separate election or nomination required
– Substitute Member status results directly from the election result
– All unelected candidates with at least one vote become Substitute Members
8.2 When Do Substitute Members Succeed?
Permanent succession:
Upon permanent departure of a Works Council member, a Substitute Member succeeds for the remaining Term of Office.[14]
Reasons for permanent departure:
– Termination of the employment relationship (resignation, change of employer)
– Voluntary resignation from the Works Council office
– Loss of eligibility (e.g. promotion to senior management)
Temporary substitution:
In cases of temporary absence, a Substitute Member steps in only for the duration of the absence.
Reasons for temporary substitution:
– Holiday
– Illness
– Parental leave
– Training
– Business trips
8.3 Order of Succession
With proportional representation (standard procedure):
The order of succession is governed by § 25 para. 2 BetrVG:
- Substitute Member from the same list as the departing member
- Order: Next unelected candidate on that list
- If the list is exhausted: Substitute Member from the list that would have received the next seat under proportional representation
Practical example:
List “Shift Workers’ Interests”:
– Candidates 1–3: Elected (3 seats)
– Candidates 4–6: Substitute Members
Scenario 1: Candidate 2 resigns and leaves the company
→ Candidate 4 from the same list permanently succeeds
→ The shift workers’ interests remain represented on the Works Council
Scenario 2: Candidate 1 goes on parental leave for 6 months
→ Candidate 4 substitutes temporarily for 6 months
→ After Candidate 1 returns, the substitution ends
Scenario 3: Within 2 years, Candidates 1, 2 and 3 all leave
→ Candidates 4, 5 and 6 succeed one after another
→ The list remains fully represented on the Works Council
→ Continuity of shared interests despite complete personnel change
With majority vote (simplified procedure):
– The Substitute Member with the highest number of votes succeeds
– Regardless of the original list
8.4 Rights and Obligations of Substitute Members
During substitution:
– Full rights of a regular Works Council member
– Full voting rights in Works Council meetings
– Access to all documents and information
– Entitlement to release from work duties for Works Council activities
– Full Protection Against Dismissal under § 15 KSchG
After end of substitution:
– One year continuing Protection Against Dismissal
– Requirement: Actual Works Council work performed (e.g. attendance at a meeting)
8.5 Strategic Considerations for List Formation
Sufficient number of candidates:
When forming lists, it can be strategically sensible to put up more candidates than hoped-for seats:
Lists with sufficient candidates:
– At least twice as many candidates as hoped-for seats
– Example: List hopes for 3 seats → put up at least 6 candidates
– Secures continuity even when individual members depart
Mix of candidates:
– Combination of long-standing and newer employees
– Diversity in perspectives and experience
Continuity of shared interests:
– Even with personnel changes, the list interests are preserved
– New Substitute Members represent the same concerns as those originally elected
– This is an advantage of list formation with proportional representation
8.6 Term of Office and Its Significance
The regular Term of Office of the Works Council is 4 years.[15] This means:
- Elected Works Council members and succeeded Substitute Members remain in office until the end of the Term of Office
- The next regular election takes place in 2030
- During these 4 years, several Substitute Members from the same list may succeed
- The continuity of list interests over 4 years is only secured through sufficient Substitute Members
9. Practical Tips for List Formation
9.1 Timeline
3–4 months before the election:
– Conversations with potential fellow candidates
– Identification of shared interests
– Initial agreements on list formation
2–3 months before the election:
– Determination of candidates and their order
– Begin collecting Supporting Signatures
– Preparation of formal documents
After publication of the Election Notice:
– Submission of the list within 2 weeks
– Check for completeness before submission
9.2 Internal Organisation
Task allocation:
– Collection of Supporting Signatures
– Preparation of list documents
– Communication with the Election Committee
– Campaign coordination
Coordination:
– Regular meetings of list members
– Clarification of shared positions
– Determination of priority topics
9.3 Communication
External:
– Presentation of the list and its goals
– Explanation of represented interests
– Addressing relevant employee groups
Internal:
– Clear agreements within the list
– Regular exchange
– Conflict resolution with differing views
10. Cooperation After the Election
10.1 On the Works Council
After the election, all elected Works Council members work together on the Works Council, regardless of which list they stood on or whether they stood as individual candidates.[12]
Principle:
– The Works Council is a joint body
– All members have the same rights and obligations
– Decisions are taken jointly
– Minority protection is guaranteed
10.2 List Identity After the Election
- Lists have no formal legal significance after the election
- Cooperation on the Works Council takes place as an overall body
- Policy positions from the campaign can continue to be pursued
- Collegial cooperation is required by law[13]
11. Frequently Asked Questions
How many lists can be submitted?
There is no upper limit on the number of lists. Every list that meets the formal requirements is approved.
Can I stand on multiple lists?
No. A person may only stand on one single list.[14] In the case of multiple candidacies, the candidate is removed from all lists unless they declare within 3 working days which candidacy they wish to maintain.
Does a list have to have a name?
No. Lists may but do not have to have a name. The Election Committee may number lists for distinction.
What happens if a list has fewer candidates than Works Council members to be elected?
The list can still be submitted. In the election, only the candidates actually on the list can be elected.
Can lists be changed after submission?
No. After the submission deadline, lists can no longer be changed. Candidates can no longer withdraw their consent.
Do we need trade union membership for a trade union list?
The candidates do not all have to be trade union members. However, the list must be signed by two trade union authorised representatives who are employed at the company and eligible to vote.
What is the difference between a list and a “group” on the Works Council?
A “list” is an election proposal for the Works Council election. After the election, there are no formal “lists” or “groups” – all elected members together form the Works Council.
Can we appear as a list together after the election?
Legally, all Works Council members have equal status. In terms of content, Works Council members can represent similar positions, but formal “factions” do not exist.
12. Checklist for List Formation
Before list formation:
- ☐ Shared interests and concerns identified
- ☐ Potential candidates approached
- ☐ Willingness to cooperate clarified
- ☐ Trade union membership clarified (if trade union list is desired)
When creating the list:
- ☐ Order of candidates determined
- ☐ Declarations of consent from all candidates obtained
- ☐ All required details complete (name, date of birth, employment)
- ☐ Sequential numbering present
Supporting Signatures:
- ☐ Type of required signatures clarified (trade union list: 2 authorised representatives / other lists: min. 1/20 of eligible voters)
- ☐ Signatures collected
- ☐ Buffer planned (more signatures than the minimum number)
Before submission:
- ☐ Completeness of the list checked
- ☐ Deadlines observed (2 weeks after the Election Notice)
- ☐ Contact with the Election Committee made
- ☐ Copies of the list made for own records
13. Contacts and Resources
Election Committee:
+4915146306621
ec.dresden@workscouncil-takeaway.com
Trade unions:
– NGG (Food, Beverages and Catering Union)
Legal bases:
– Works Constitution Act (BetrVG), in particular §§ 14, 15
– Election Regulations (WO), in particular §§ 6–10
14. Closing Remarks
Forming Candidate Lists is a way to stand jointly for the Works Council election and to represent shared interests. The decision for or against a list candidacy should be made on the basis of the individual situation and the shared concerns available.
This document serves as factual information about legal and practical aspects of Candidate Lists. For further questions, the Election Committee is available.
This document serves as information about legal and practical aspects of Candidate Lists in the Works Council election 2026. For legal questions, consultation with a specialist lawyer for employment law or a trade union is recommended.
Footnotes
[1] § 14 Abs. 3 BetrVG – Wahlvorschläge (Election proposals)
[2] § 14 BetrVG – Wahlvorschläge (Election proposals)
[3] § 14 Abs. 4 Satz 1 BetrVG – Wahlvorschläge von Gewerkschaften (Trade union election proposals)
[4] § 14 Abs. 4 Satz 2 und 3 BetrVG – Stützunterschriften (Supporting Signatures)
[5] § 8 BetrVG – Wählbarkeit (Eligibility)
[6] § 6 Wahlordnung (WO) – Wahlvorschläge der Arbeitnehmer (Employee election proposals)
[7] § 15 Kündigungsschutzgesetz (KSchG) – Kündigungsschutz für Betriebsratsmitglieder (Protection Against Dismissal for Works Council members)
[8] BAG, 06.12.2000 – 7 ABR 34/99 – Neutralitätspflicht und Gleichbehandlungsgebot (Neutrality obligation and equal treatment requirement)
[9] § 7 Abs. 2 WO – Prüfung der Wahlvorschläge (Examination of election proposals)
[10] § 14 Abs. 2 Satz 1 BetrVG – Verhältniswahl (Proportional representation)
[11] § 14a BetrVG – Vereinfachtes Wahlverfahren für Kleinbetriebe (Simplified election procedure for small companies)
[12] § 26 BetrVG – Beschlussfassung des Betriebsrats (Works Council decision-making)
[13] § 2 Abs. 1 BetrVG – Vertrauensvolle Zusammenarbeit (Trusting cooperation)
[14] § 7 Abs. 2 Satz 3 WO – Mehrfachkandidatur (Multiple candidacy)
[15] § 21 BetrVG – Amtszeit (Term of Office)
[16] § 24 Nr. 3 BetrVG – Erlöschen der Mitgliedschaft bei Beendigung des Arbeitsverhältnisses (Expiry of membership upon termination of employment)
[17] § 9 BetrVG – Zahl der Betriebsratsmitglieder (Number of Works Council members)
[18] § 14a BetrVG – Vereinfachtes Wahlverfahren für Kleinbetriebe (Simplified election procedure for small companies)
[19] § 25 Abs. 2 BetrVG – Reihenfolge beim Nachrücken von Ersatzmitgliedern (Order of succession of Substitute Members)
[20] § 25 BetrVG – Ersatzmitglieder (Substitute Members)