Electoral board (works council) Key Tasks and Obligations

The electoral board, also known as the works council, plays a crucial role in representing employees' interests in a company.

Their key tasks and obligations are outlined in the company's collective bargaining agreement.

The electoral board is responsible for electing representatives to the works council, who will then make key decisions on behalf of employees.

This process typically involves a secret ballot, where employees vote for their preferred representatives.

The electoral board also ensures that the works council is properly constituted and that its members have the necessary skills and knowledge to perform their duties.

They are also responsible for setting the agenda for works council meetings and ensuring that all necessary information is provided to the council members.

In practice, this means that the electoral board must be well-organized and efficient in order to carry out its duties effectively.

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In Germany, the formation of an electoral board is crucial for conducting Works Council elections. The electoral board is responsible for preparing and conducting the election.

To form an electoral board, an existing Works Council must appoint a new one if its term is about to expire in less than 10 weeks. If the Works Council fails to do so, a Central or Group Works Council can step in and appoint the electoral board instead.

In cases where no Group, Central, or Works Council exists, the electoral board is elected directly by employees at an in-person election meeting. If the majority of employees present do not elect the members of an electoral board, a local labour court can appoint the members instead upon request.

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In Germany, the formation of a Works Council is a crucial step in the democratic process of employee representation.

Existing Works Councils with an expiring term of less than 10 weeks must appoint a new electoral board, or a Central or Group Works Council can step in to do so.

If no Group, Central, or Works Council exists, the electoral board is elected directly by employees at an in-person election meeting.

A local labour court can appoint the members of the electoral board if the majority of employees present do not elect them.

Employers often try to obstruct Works Council elections, with 66% of cases involving the prevention of the electoral board's formation.

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Works council elections are prepared and conducted by an electoral board, which is responsible for following the standard election procedure.

The success of the election depends on precise compliance with the procedural and formal requirements. This includes observing numerous rules and meeting deadlines.

Electoral board members can brush up on their knowledge of recent labour court decisions and the provisions of the Works Constitution Act and the Electoral Code to avoid making mistakes, even after several years between elections.

A two-day training course can assist electoral board members in preparing for their duties, focusing on the statutory provisions and their practical implementation in the company.

Participants in the training course will have time to practice each step, ensuring they are well-prepared for their responsibilities.

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The electoral board plays a crucial role in preparing and conducting Works Council elections. They determine the time, place, and eligibility of voters and candidates for the election.

To carry out their duties effectively, the electoral board may need legal trainings, which are paid by the employer. This ensures they have the necessary knowledge to make informed decisions.

All decisions made by the electoral board are formal resolutions, passed by a simple majority of its members. This is similar to how a Works Council operates.

After announcing the results of the Works Council election, the chairperson of the electoral board must hold a convening meeting with the newly elected Works Council. This marks the end of the electoral board's existence.

The electoral board's duties are time-sensitive, and they must prepare the Works Council elections without delay. This requires careful planning and attention to detail to ensure a smooth process.

The Federal Labour Court's view on works council elections is clear. They follow the State Labour Court Hamburg's decision to reject the election of a works council due to a lack of candidates.

According to the Federal Labour Court, having fewer candidates than works council seats to be filled does not prevent the election of a works council. This is based on the legislator's intention to have works councils elected in companies with at least five employees who are permanently entitled to vote.

The key here is that the legislator wants works councils to be elected, even if it means applying the next lower level of Section 9 BetrVG until there are enough candidates to establish a council with an odd number of members.

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