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, at least three of whom are eligible to stand; the number of members grows with the workplace size
- There is no duty to set one up; the initiative comes from the workforce, and the employer may not obstruct the election
- Graduated rights: information and consultation rights, participation, and genuine co-determination (Mitbestimmung) in social matters under § 87 BetrVG (such as working hours, holiday principles, workplace conduct)
- Before every dismissal the works council must be consulted under § 102 BetrVG; without consultation the dismissal is void
- Works council members enjoy special protection against dismissal and are entitled to time off and training for their duties
FAQ
From what size can a works council be elected?
In workplaces with usually at least five permanent employees entitled to vote, three of whom are eligible to stand. Smaller workplaces have no works council.
Must a company have a works council?
No. Setting one up is voluntary and comes from the workforce. But the employer may neither obstruct nor influence the election.
What does the works council really co-determine?
Social matters under § 87 BetrVG, such as the timing of working hours, overtime, holiday principles, and workplace conduct. The employer may not regulate these without its consent.
What is the works council’s role in dismissals?
It must be consulted before every dismissal (§ 102 BetrVG). If consultation is omitted, the dismissal is void for that reason alone.
Reviewed by: Legal Team, Leapsome · Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
