The works council in labor law

The work within the works council is performed as an honorary office. This is described in § 37 I BetrVG; however, the works council members must be released for the activity. It may also be the case that the work for the works council is outside normal working hours. In this case, the employee is entitled to subsequent time off from work with continued payment of his or her salary. Likewise, works council members have the option of requesting additional time off from work. This may then be used for training or educational events. However, it is only important to note that these measures train the participant for the work of the works council. 

Within this framework, each member is entitled to at least three weeks of this training time per term of office of the works council. If, at the works council member's own discretion, it was the case that he did not need time off for his task, he need not fear repayment of his salary. In this case, the employer must still pay the works council member his salary in full. Likewise, the employer may not give the works council member a warning for missing work. An incorrect assessment of the time off does not constitute a breach of duty on the part of the employee / works council member.

Unless works council members are permanently released from their normal duties, they do not have to ask the employer for permission each time they wish to perform a works council activity. Rather, in such cases, the works council member is automatically released from his or her activity if the completion of the task is directly required. Approval of the release is therefore not directly necessary. However, immediate removal from the workplace is not permitted. The employee or works council member must first sign off with his or her supervisor and also sign on again when he or she returns to the workplace. When signing off, the employee should provide an approximate indication of the duration and his place of work. 

The purpose of this sign-off is to enable the employer to react to the works council member's absence at short notice. This gives the employer the opportunity to reallocate work or to deploy a substitute. The works council member is not obligated to provide further information to his supervisor. However, if the supervisor refuses to allow the works council member to take part in the activity because the actual work seems to be more important to him, the works council member has the opportunity to explain in brief the works council activity that is necessary at that moment. He does not have to explain himself fully and in detail. If it is possible to postpone the works council activity, this should also be done. 

The works council member's deregistration and re-registration are his or her contractual obligations, which he or she must also comply with. If this is not the case, failure to sign off or report back may have consequences under labor law. It is also possible for the works council to set up office hours during working hours, which normal employees can use if they need to talk. When and to what extent these office hours take place must, however, be agreed with the employer. If an employee attends these consultation hours during his or her own working hours, he or she does not have to worry that the employer will cut off his or her pay for this time. This would not be permissible.

The works council members also have an equal claim to their normal remuneration. During the period of membership of the works council, the employer must therefore continue to pay the salary that the works council member would have earned in the course of his or her normal work. In addition to the normal salary, there is also an entitlement to other salary components that would have been received if the employee had worked normally. This includes, for example, overtime or night shift bonuses. Sunday and holiday bonuses or social allowances. There is also a further entitlement to vacation pay, Christmas bonuses, capital-forming benefits or profit-sharing or commissions if these have already been paid.

The general costs incurred by a works council shall be borne in full by the employer. Likewise, the employer has the duty to provide suitable measures for the work of the works council. For example, the employer must provide working space and resources. If there is no suitable room in the company (for example, for holding a meeting), a room can be rented outside the company. A meeting in the open air can only be considered under special circumstances and the appropriate time of year. 

Normally, the employer is responsible for renting the room outside the company. The works council may not act independently here because of the costs borne by the employer. However, a deviating arrangement with the employer seems possible. However, the employer must also provide information and communication technology and office staff. The employer is also obliged to bear the costs of the works council election.