Definition
The works council is the elected body representing employees within a company; it can be established where there are at least five employees eligible to vote. It has the right to be kept informed by the employer and to be consulted on decisions – and in certain areas, such as working hours or holiday arrangements, it even has a say in the decision-making process. The works council must be consulted before any dismissal; if this consultation does not take place, the dismissal is invalid. Works council members enjoy special protection: during their term of office and for one year thereafter, the employer cannot dismiss them under ordinary circumstances.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
The works council is the elected employee representative body within the company. It has extensive co-determination rights, for example regarding dismissals (Section 102 of the Works Constitution Act), working hours, transfers and social plans.
Distinction from related terms
Staff council: The works council is responsible for private companies. The staff council fulfils this role in the public sector.
Employee representation body (MAV): The MAV operates within church institutions. Its function and responsibilities are similar to those of the works council, but it is based on church law.
Practical tip
The works council must be consulted before any dismissal takes place. If this consultation is not carried out, or if it is carried out incorrectly, the dismissal is invalid for that reason alone – regardless of whether there are grounds for dismissal. You should therefore always ask: “Was the works council properly consulted?”
