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Act rather than react

Works Constitution Act: Social Affairs (WoCo 3)

Our training 'Act rather than react' provides you with basic knowledge about the works council's co-determination rights. At the same time, it shows you in practical exercises how the works council can best execute and enforce its rights in the workplace.

The works council can not only react in important social matters, such as regulations on working hours, holiday schedules, occupational health and safety or company pay systems, but can also take the initiative and enforce works agreements for the employees’ benefit - if necessary, even impose them.

This training aims at enabling you to take an active part in co-determination. Great importance is attached to the participants’ intense exchange of experiences.

The training’s content in keywords:

  • Rights of initiative of the works council
  • Co-determination rights and the limits of co-determination
  • The use of experts
  • Concluding works agreements
  • Conciliation committee: Useful knowledge about jurisdiction and procedures

  • Zielgruppe

    Works council members
  • Teilnahmevoraussetzungen

    Attendance of the training course “Getting started …”
  • Freistellung

    Section 37 Article 6 Works Constitution Act

Exchange of experiences regarding the work situation
Overview of the provisions on co-determination in the Works Constitution Act (German: Betriebsverfassungsgesetz, BetrVG)
Presentation of the limits of co-determination in companies and explanation of terms/definitions of, among other things:

  • Precedence and proviso of collective agreements
  • Opening clauses and principle of favourability
  • Works council's right of initiative as a consequence of enforceable co-determination

Examples for exercising co-determination in social matters according to Section 87 Works Constitution Act (WCA), e.g.

  • Rules of operation of the establishment
  • Arrangements concerning working hours
  • Technical (monitoring) devices
  • Company pay systems

Systematic procedure in the co-determination process
Exercising co-determination and ways to enforce the works council’s rights
Information policy and cooperation with the employees
Works agreements as a result of co-determination:

  • Conclusion of works agreements (Section 77 WCA)
  • Form and content of works agreements
  • Termination and after-effects of works agreements
  • Relationship between collective agreements and works agreements
  • Difference between enforceable and voluntary works agreements
  • Regulatory agreements (definition; difference to works agreements)

Conciliation committee:

  • Legal provisions (Sections 76, 76a WCA)
  • Tasks of the conciliation committee, procedure for setting it up and principles of the conciliation proceedings (Section 76 WCA)

Principles of resolution procedures at labour court
Right to lodge complaints/grievances (Section 85 WCA)
Involvement of external experts (Section 80 Article 3 WCA) 

Hier den Themenplan als PDF downloaden.
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27.11. – 01.12.2023 Berlin | Berlin (Ostbahnhof) weitere Infos | Anmeldung

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