LABOUR LAW
Right of participation
The works council is asking for information, wants a say in a reorganisation, or is blocking a decision. Or you are a works council member and wonder whether the board is sharing enough. Employee participation is not a formality: mistakes can delay decisions or make them invalid.
In brief
- The Works Councils Act (WOR) sets out the rights of the works council and staff representation bodies.
- The right to advise and the right to consent apply to different kinds of decisions.
- In a reorganisation and dismissal, the works council often runs in parallel.
- Good provision of information prevents disputes and delay.
Works councils, staff representation and the law
The Works Councils Act describes when the works council may give advice or must give consent. This includes a transfer of undertaking, major organisational changes, mergers and certain arrangements on employment conditions. The works council is entitled to all the information it needs to carry out its role.
Where does it often go wrong?
- Information reaching the works council too late or incomplete.
- Confusion between the right to advise and the right to consent.
- A decision taken before the statutory waiting period has passed.
- The works council not involved in a reorganisation where it should have been.
- No clarity on the consequences for sick employees or secondment.
What can you do now?
Employers: identify which right applies and draw up a timeline with meeting dates and response deadlines. Works council: request missing documents in writing and record objections.
In a deadlock: seek legal advice before pushing the decision through anyway or approaching the Enterprise Chamber.
When should you involve Sørensen?
In reorganisations, mergers, a change to pension or employment conditions, and in a conflict over information or consent. We advise both the board and the works council, and litigate in disputes over employee participation.
We know how this connects to labour law and corporate law.
Right to advise versus right to consent
With the right to advise, the company should take the advice seriously; with the right to consent, no valid decision can follow without the works council's yes. The category determines the pace and the risk.
Reorganisation and the works council
In reorganisations, works council involvement is often the first legal track. We help build the file: the business case, alternatives, the effect on staff.
Disputes and proceedings
Sometimes it escalates to the Enterprise Chamber or a civil court. We guide preparation, procedural documents and negotiation along the way.
The works council's right to information
The works council may request information needed for advice or consent. We help with information requests and with structuring files for works council meetings.
The Enterprise Chamber and escalation
In serious disputes, the Enterprise Chamber can be approached. Negotiation is often faster. We guide both routes.
Employees and works council members
Works council members have protection against detrimental treatment. As a works council member, you want to know what rights you have and how to record advice in writing.
Documenting consent decisions
Consent requires a written decision and sometimes a protocol. We check whether the wording meets the requirements of the Works Councils Act so that later dismissals or reorganisation steps are not undermined.
Staff representation bodies
Smaller organisations sometimes have a staff representation body instead of a full works council. The rights differ; we determine which rules apply to your company before you take major decisions.
Practical works council meetings
Advice requires clear documents: facts, alternatives, financial consequences and the effect on staff. We help directors prepare what the works council needs to receive and when meetings should be scheduled. Works council members get clarity on which questions they may ask and how to record objections.
The link to individual files
Collective advice on a reorganisation later affects individual dismissals. If the information given to the works council was incomplete, individual settlement agreements become vulnerable. We keep both levels in mind at the same time.
Frequently asked questions
Must the works council always consent to a dismissal?
Not for every individual dismissal, but yes for major decisions and certain arrangements. We determine what applies to your situation.
How much time does the works council have to advise?
That depends on the type of decision; the law sets minimum periods. Waiting too briefly makes the decision vulnerable.
Can you represent the works council?
Yes, as long as there is no conflict of interest with the employer in the same matter.
What if the works council gives negative advice?
The company must weigh the advice seriously; with a right of consent, the decision is different.
Does employee participation apply to a working-from-home policy?
With a major change to employment conditions or the organisation, the works council's rights can come into play.