Participation in staff matters

General information

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.

Transfers

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.

Promotions

Employers must inform the works council of any intended promotions as soon as possible, and must consult the council upon its request.

Dismissals

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.

Redundancies

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.

Enterprises affected

Businesses with a works council

Deadlines

The time limits vary depending on the individual obligations.

Legal bases

Sections 98 to 106 of the Arbeitsverfassungsgesetz ( ArbVG)