FAQ for Works Council Election Candidates

If you want to stand as a candidate for the works council, you simply need to meet the eligibility requirements. These are laid down in the Works Constitution Act.

All company employees who are at least 18 years old on the day of the election and who have worked at the company for at least six months are eligible for election to the works council (except management and executives). When calculating the length of service, prior periods of employment with the same company at a different site are taken into account.

However, if the company has not yet been in existence for six months yet, all employees are eligible for election to the works council.

The Works Constitution Act stipulates that the electoral board is responsible for organising the works council election. The electoral board must ensure that the election is conducted fairly and in accordance with the rules of the Works Constitution Act and the election regulations. The board is independent and initiates and announces the election.

The nomination of candidates for the works council election takes place in accordance with the provisions of the Works Constitution Act and the election regulations. The deadlines specified must be observed. The electoral board provides information and publishes an election notice detailing how and when candidate nominations must be submitted to the election committee.

Both options are possible. In a simplified election procedure, election proposals are combined into a single list and individual candidates are elected. The specific election procedure, whether simplified or standard, is set out in the election notice and depends on the size of the company.

Nominations may come from employees or be submitted by trade unions. The nominations (in a list election) are then each assigned a code. To avoid confusion, trade union nominations are entitled, amongst other things, to include the name of the trade union in their code. Nominations from employees require a certain number of supporting signatures if there are 21 or more eligible voters. This is regulated in Section 14(4) of the Works Constitution Act. Trade union lists do not require supporting signatures. However, at least two trade union representatives, as defined by the relevant constitution (e.g. that of ver.di), must sign this nomination.

According to the election regulations, nomination lists must contain the candidate's surname, first name, and date of birth, aswell as details of their role within the company.

Yes, written consent is required for the nomination of candidates for the works council election.

If the works council consists of three or more members, Section 15(2) of the Works Constitution Act stipulates that the minority gender within the workforce must be represented on the works council in proportion to its numerical share, at minimum. This means that the minority gender must be allocated at least as many seats as correspond to their proportion of the total workforce. However, this only applies if there are enough candidates from the minority gender. Therefore, when drawing up the nomination lists and selecting candidates, it is advisable to ensure that the gender distribution meets the legal requirements. The aim is for all genders to be represented on the works council in proportion to their representation within the workforce.

No, that is not permitted. In such cases, the electoral board must ask the candidate in question to choose a list within a specified period. If the candidate does not respond by the deadline, they are removed from all lists.

The works council members in ver.di are well connected with one another. They can exchange ideas and receive support from ver.di on any matter. After the election, ver.di works council members are not left on their own in their day-to-day work: ver.di Bildung + Beratung offers seminars and training courses to ensure that works council members always remain up to date. Additionally, ver.di works council members regularly receive legal advice and tips regarding their daily work, as well as support with legal proceedings if necessary.

Immediately after the election and confirmation of the result, the electoral board must inform the newly elected works council members of the result in writing. Candidates then have three working days to decide whether to decline the election. If they do not decline within this timeframe, their acceptance is assumed, and they become a member of the works council.

According to the first sentence of Section 15(3) of the Protection against Unfair Dismissal Act (KSchG), candidates for the works council election are protected against ordinary dismissal from the time they submit their nomination until the election results are announced. Candidates who are elected to the works council are also protected against dismissal.