When does the works council have to give its consent?

The works council has to give its consent with regard to certain decisions. The right of consent relates to decisions regarding the social policy of the company that are not regulated in a collective agreement. This includes decisions for the adoption, modification or withdrawal of regulations on:

• Working hours and holiday
• Remuneration or job evaluation system
• Working conditions, absence through illness and re-integration policy
• Privacy and use of social media
• Pension
• Employment, dismissal and promotion policy
• Personnel training or assessment
• Company welfare services, work consultations, handling of complaints
• Provisions geared at or suitable for control of attendance, conduct or performance of the employees (for instance, camera surveillance)
• Regulation for whistleblowers

Subjects that are already governed by a collective agreement or of individual nature do not fall under the right of consent.

The works council has to convene at least once before giving consent. After deliberation the works council will inform the director in writing of its motivated decision as soon as possible.

If the works council does not consent, the director can request the court for substituting consent.