Introduction
This document provides information about the legal and practical aspects of standing as a candidate in the Works Council election 2026. It serves as factual information about requirements, procedures, rights and obligations.
1. Requirements for Candidacy
1.1 Personal Requirements[1]
To stand as a candidate for the Works Council, the following legal requirements must be met:
- Minimum age: Completion of 18 years of age
- Company tenure: At least 6 months of employment at the company
- Employee status: Status as an employee (not senior management)
- Eligibility to vote: Registration on the Voter List
Note: Company tenure at the time of voting is decisive. Periods of employment at other establishments of the same company or group may be counted.
1.2 Formal Steps for Candidacy
1. Compile a Candidate List:
– Stand on a joint list with other candidates or submit your own list
– Each Candidate List requires Supporting Signatures from eligible voters
2. Number of required Supporting Signatures:[2]
The required number depends on the size of the company:
| Eligible voters in the company | Regular list | In any case sufficient | Trade union list |
|---|---|---|---|
| 5-20 | 1/20 (min. 1) | 50 | 2 authorised representatives |
| 21-100 | 1/20 (5%) | 50 | 2 authorised representatives |
| 101-200 | 1/20 (5%) | 50 | 2 authorised representatives |
| Over 200 | 1/20 (5%) | 50 | 2 authorised representatives |
Example: With 150 eligible voters, at least 8 Supporting Signatures are required (150 ÷ 20 = 7.5, rounded up to 8). With 50 signatures, the requirement is always met.
3. Content of the Candidate List:[3]
– Family name, first name
– Date of birth
– Type of employment in the company
– Recognisable order (sequential numbering)
– Written declaration of consent to candidacy
4. Deadlines:
– Submission of the Candidate List within two weeks after the Election Notice is issued
– Preparation should begin at least 3 months before the election
5. Special provisions:
– Candidacy on only one Candidate List is permitted
– Consent to candidacy cannot be withdrawn
– Withdrawal of candidacy is only possible with the consent of all supporters of the list
2. Duties and Day-to-Day Work on the Works Council
2.1 Statutory Duties of the Works Council[4]
The Works Council performs the following duties:
A) Monitoring function:
– Monitoring compliance with laws, collective agreements, works agreements and employment contracts
– Monitoring occupational health and safety and accident prevention
– Monitoring working time regulations
B) Co-determination rights:[5]
– Working time regulations (start, end, breaks, overtime, flexitime)
– Holiday planning
– Introduction of technical surveillance equipment
– Job grading and regrading
– Dismissals (right to be heard)
– Health protection measures
– Operational changes
C) Promotion tasks:
– Promoting equality between women and men
– Compatibility of family and work
– Integration of persons with severe disabilities
– Integration of foreign employees
– Combating discrimination and racism
D) Representation of interests:
– Advising and supporting individual employees
– Mediating in conflicts
– First point of contact for the workforce
2.2 Day-to-Day Work
Regular activities:
– Works Council meetings: Regular meetings (frequency depends on the company)
– Monthly discussions with the employer: Required by law[6]
– Consultation hours: For employees with concerns
– Individual consultations: Also spontaneously as needed
– Documentation and minute-taking: Written records
– Negotiations with management: On works agreements and decisions
Time commitment:
– Works Council work takes place during working hours[7]
– Release from regular work duties for Works Council activities
– In smaller and medium-sized companies: Usually no complete release from duties, partial continuation of regular work
– Time commitment varies depending on role in the body (ordinary member, chair, committee member)
– Scale: Varies greatly depending on company size and current topics
2.3 Training and Further Education[8]
Training entitlement:
– Right and duty to undergo further training
– Employer bears all costs (course fees, travel, accommodation, meals)
– Paid release for training participation
Training topics:
– Works constitution law (basics)
– Employment law
– Social insurance law
– Negotiation skills and communication
– Economic affairs of the company
– Occupational health and safety management
– Specialist topics depending on the company
3. Legal Framework
3.1 Protection Against Dismissal[9]
For candidates:
– Special Protection Against Dismissal from the time the Candidate List is established
For elected members:
– Protection Against Dismissal during the entire Term of Office
– Continuing protection for 12 months after the end of the Term of Office
– Ordinary dismissals are excluded
– Extraordinary dismissals possible in cases of serious breaches of duty
For Substitute Members:
– Protection Against Dismissal during substitution of a regular member
– Continuing protection for 12 months after the end of substitution
Exceptions:
– Extraordinary dismissal for important cause is possible
– Protection Against Dismissal does not protect against consequences of misconduct in the employment relationship
3.2 Prohibition of Discrimination[10]
Works Council members may not be disadvantaged or favoured because of their activities. This applies to:
– Salary and salary increases
– Professional development
– Promotions
– Granting of holidays
– Working conditions
3.3 Remuneration
- Works Council work is described as a “voluntary office”
- No additional remuneration specifically for Works Council work
- Normal salary continues to be paid
- Works Council work takes place during regular working hours
- “Voluntary office” means: no extra remuneration in addition to normal salary
- Salary increases that comparable employees receive must be taken into account
- The employer must adjust salary for up to one year after the end of the Term of Office
3.4 Release from Work Duties and Compensatory Time Off[11]
- Works Council work during working hours without reduction of pay
- For necessary Works Council work outside working hours: compensatory time off
- Costs covered by the employer for required training
3.5 Duty of Confidentiality[12]
- Duty of Confidentiality for confidential information and trade secrets
- This duty continues after the end of the Term of Office
- Violation can have legal consequences
3.6 Liability
- Works Council members are not personally liable when performing their duties properly
- Liability only in cases of intentional or grossly negligent conduct
- Liability risk is low when work is carried out carefully
3.7 Term of Office[13]
Duration of the Term of Office:
The regular Term of Office of the Works Council is 4 years. This means:
– Elected Works Council members remain in office for 4 years
– Next regular election: 2030 (March to May)
– The Term of Office begins with the announcement of the election result
Relevance for candidates:
Those elected in 2026 will hold office until approximately 2030. This requires longer-term planning and willingness to take on the tasks over this period.
3.8 Leaving the Works Council[14]
Company membership as a requirement:
A Works Council member must remain an employee of the company throughout the entire Term of Office. Works Council membership automatically ends upon:
- Termination of the employment relationship (resignation by employee or employer, termination agreement, end of fixed-term contract)
- Resignation from office (voluntary resignation)
- Loss of eligibility (e.g. promotion to senior management)
- Expiry of the Term of Office
Possible reasons for early departure:
– Voluntary resignation and move to another employer
– Relocation to another city
– Career reorientation
– Personal reasons
Protection Against Dismissal upon voluntary resignation:
The continuing Protection Against Dismissal of 12 months also applies when the employee voluntarily terminates the employment relationship. This means: Even those who resign themselves still enjoy one year of special protection against ordinary dismissal after the end of their Works Council office (if a new employment relationship has been established in the meantime).
3.9 Substitute Members[15]
What are Substitute Members?
Substitute Members are candidates who were not elected but received at least one valid vote. They automatically succeed when an elected Works Council member leaves.
Automatic determination:
– No separate election required
– All unelected candidates with at least one vote automatically become Substitute Members
– The order is determined by the number of votes or list affiliation
When do Substitute Members succeed?
Permanent succession:
– Upon permanent departure of a member (dismissal, resignation, etc.)
– The Substitute Member becomes a full Works Council member for the remaining Term of Office
– All rights and duties are transferred
Temporary substitution:
– In cases of temporary absence (holiday, illness, parental leave)
– The Substitute Member substitutes only for the duration of the absence
– Substitution ends automatically thereafter
Rights during substitution:
– Full rights of a regular Works Council member
– Full Protection Against Dismissal
– Entitlement to release from work duties
– Access to all information
Significance for candidates:
Even those not immediately elected have the chance as a Substitute Member to succeed during the 4-year Term of Office. This may occur in cases of temporary absence (holiday, illness, parental leave) or upon permanent departure of Works Council members.
4. Practical Aspects of Works Council Work
4.1 Time Commitment
Works Council work requires time during working hours. This effectively means fulfilling two areas of responsibility: Works Council work and – for members not fully released – regular work duties.
4.2 Professional Development
During Works Council work, development in the original professional role may be limited, as part of working time is used for Works Council tasks. The Prohibition of Discrimination under § 78 BetrVG protects against unjustified disadvantage but does not change the factual situation.
4.3 Emotional Aspects
- Works Council work can be emotionally demanding (conflicts, difficult topics)
- The Duty of Confidentiality can be perceived as burdensome
- The position between workforce and employer can lead to tensions
- Expectations of the workforce are sometimes high
- Not all concerns can be successfully represented
4.4 Relationship with the Workforce and the Employer
- Perceived as a representative of the workforce’s interests
- At the same time, constructive cooperation with the employer is required
- Balance between different interests is necessary
5. Practical Tips for Candidacy
5.1 Timeline
3 months before the election:
– Clarify intention to stand as a candidate
– Conversations with other potential candidates
– Decision on form of candidacy (alone or on a list)
2 months before the election:
– Begin collecting Supporting Signatures
– Preparation of the Candidate List
After publication of the Election Notice:
– Submission of the Candidate List within 2 weeks to the Election Committee
5.2 Campaigning
- Use of permitted communication channels (notice board, personal conversations)
- Presentation of yourself and your goals
- Realistic description of what can be achieved
- Respect for the employer’s neutrality
5.3 Support
Trade unions:
– Support with candidacy and campaigning
– Trade union lists require only 2 signatures from authorised representatives
– Access to training, advice and legal support
Election Committee:
– Contact point for formal questions
– Review of the Candidate List
– For questions about candidacy: Early contact is recommended
6. Frequently Asked Questions
Can I stand as a candidate during parental leave?
Yes. Candidacy and exercise of Works Council activities during parental leave are possible. The scope is determined by yourself.
Do I have to be a member of a trade union?
No. Trade union membership is not a requirement. However, trade union lists have advantages (only 2 Supporting Signatures required).
What happens with multiple candidacies?
Candidacy on only one list is permitted. 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.
Can I withdraw my candidacy?
Consent to candidacy cannot simply be withdrawn. Withdrawal is only possible with the consent of all supporters of the Candidate List.
How much time does Works Council work take?
The time commitment depends greatly on the size of the company, the number of current topics and the role within the body. In smaller and medium-sized companies, regular Works Council meetings typically take place (weekly, fortnightly or monthly). In addition, there is preparation and follow-up, individual consultations, negotiations and other tasks. The specific time commitment varies individually.
Will I receive more pay as a Works Council member?
No. No additional remuneration for Works Council work. Normal salary continues during Works Council activities. The work takes place during working hours.
7. Overview: Rights and Obligations
Rights:
- Protection Against Dismissal during and after the Term of Office (§ 15 KSchG)
- Prohibition of Discrimination (§ 78 BetrVG)
- Release from Work Duties for Works Council activities (§ 37 BetrVG)
- Continued payment of wages during Works Council activities
- Training entitlement with costs covered by the employer (§ 37 para. 6 and 7 BetrVG)
- Compensatory time off for Works Council work outside working hours
- Access to company information within the scope of Works Council duties
Obligations:
- Duty of Confidentiality for confidential information (§ 79 BetrVG)
- Trusting cooperation with the employer (§ 2 para. 1 BetrVG)
- Fulfilment of Works Council duties under the BetrVG
- Attendance at meetings and performance of duties
- Duty to undergo further training for proper performance of duties
- Safeguarding the interests of all employees
Practical Realities:
- Time commitment through Works Council work alongside regular duties
- Emotional burden from conflicts and difficult topics
- Limited professional development in the original role during the Term of Office
- Position between the interests of workforce and employer
- High expectations of the workforce, not all concerns can be addressed
- Legal responsibility in the exercise of office
8. Next Steps
If you are interested in standing as a candidate:
- Contact the Election Committee – Clarify open questions and obtain information about exact deadlines
- List formation or individual candidacy – Conversations with colleagues and decision on joint or individual candidacy
- Collection of Supporting Signatures – Timely procurement of the required number with a time buffer
- Submission of the Candidate List – On time within 2 weeks after the Election Notice with complete details and signatures
- Information – Attend information events and speak with experienced Works Council members
If you are unsure:
- Conversations with current Works Council members about their experiences
- Contact trade unions for advice
- Take sufficient time for the decision
- Possibility of working on the Election Committee for insight
9. Contacts and Resources
Election Committee:
+4915146306621
ec.dresden@workscouncil-takeaway.com
Relevant trade unions:
– NGG (Food, Beverages and Catering Union)
Legal bases:
– Works Constitution Act (BetrVG)
– Election Regulations (WO)
– Protection Against Dismissal Act (KSchG)
10. Closing Remarks
The decision for or against standing as a candidate for the Works Council should be made on the basis of complete information about the associated rights, obligations and practical aspects. This document serves as factual information about the essential aspects.
For further questions, the Election Committee is available. Trade unions and experienced Works Council members can also be contacted.
This document serves as information about legal and practical aspects of candidacy 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] § 8 BetrVG – Wählbarkeit (Eligibility)
[2] § 14 Abs. 4 BetrVG – Wahlvorschläge (Election proposals)
[3] § 6 Wahlordnung (WO) – Wahlvorschläge der Arbeitnehmer (Employee election proposals)
[4] § 80 BetrVG – Allgemeine Aufgaben (General duties)
[5] §§ 87-99 BetrVG – Mitwirkungs- und Mitbestimmungsrechte (Participation and co-determination rights)
[6] § 74 Abs. 1 BetrVG – Monatliche Betriebsversammlung (Monthly works meeting)
[7] § 37 Abs. 2 BetrVG – Arbeitsversäumnis (Absence from work)
[8] § 37 Abs. 6 und 7 BetrVG – Schulungs- und Bildungsveranstaltungen (Training and education events)
[9] § 15 Kündigungsschutzgesetz (KSchG) – Außerordentliche Kündigung von Betriebsratsmitgliedern (Extraordinary dismissal of Works Council members)
[10] § 78 BetrVG – Schutz von Betriebsratsmitgliedern (Protection of Works Council members)
[11] § 37 BetrVG – Ehrenamtliche Tätigkeit, Arbeitsversäumnis (Voluntary office, absence from work)
[12] § 79 BetrVG – Verschwiegenheitspflicht (Duty of Confidentiality)
[13] § 21 BetrVG – Amtszeit (Term of Office)
[14] § 24 BetrVG – Erlöschen der Mitgliedschaft (Expiry of membership)
[15] § 25 BetrVG – Ersatzmitglieder (Substitute Members)