Participation in staff matters
table of content
Right to information on staffing
Employers must inform the works council in good time of future staff requirements and the staffing measures planned in that respect.
Recruitment of employees
Employers must notify the works council immediately whenever a new employee is recruited. This notification must provide information about the intended role and grade of the employee, their wage or salary, and any agreed probationary period or time limitation on the employment relationship.
Employers must notify the works council immediately of any permanent transfers of employees to another site. It must be consulted thereon if requested. If the transfer to another site is associated with a deterioration in pay or other working conditions, the works council must grant its approval in order for the transfer to take legal effect.
Employers must inform the works council of any intended promotions as soon as possible, and must consult the council upon its request.
Employers must inform the works council before making any dismissals. The council will have one week to produce its opinion on the dismissal. At the request of the works council, it must be consulted on the dismissal within this one week consultation window.
Employers must inform the works council immediately about any redundancies, and must consult it with respect to such redundancies within three working days after notification if requested.
Businesses with a works council
The time limits vary depending on the individual obligations.
Sections 98 to 106 of the Arbeitsverfassungsgesetz ( ArbVG)
Responsible for the content: Federal Ministry of Labour and Economy