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Employee representation

In Germany, employee representation refers to various bodies and organizational forms of company and entrepreneurial co-determination. co-determination are summarized. The main task of employee representatives is to represent the interests of employees in a company or business.

The tasks of the trade unions:

• negotiate so-called collective agreements in which, in particular, income, working hours and vacation are regulated for the company or sector,
• organize the strike in the event of industrial action strike and pay the members strike support,
• help with the formation of works councils ,
• support the employees in conflicts at work and represent them in disputes with their employer.

Trade union members enjoy free legal protection in disputes relating to labor and social law. Membership is voluntary and subject to contributions . The umbrella organization Deutscher Gewerkschaftsbund (DGB) comprises 8 individual trade unions with a total of around 6 million members.

Tasks of the works council/staff council/employee representatives

Co-determination and participation in the company primarily means exerting influence on all issues that directly affect employees at their workplace. Works councils, staff councils in the public sector and employee representatives in church institutions take on the following tasks:

• represents employees vis-à-vis employers in personnel, social and economic matters
• ensures compliance with the laws, regulations, health and safety provisions, collective agreements and works agreements that apply to employees
• is involved in the design of workplaces, the regulation of working hours, personnel planning and further training measures, among other things
• must be consulted on every dismissal, otherwise the dismissal is invalid.

The company employee representatives are Works Constitution Act is laid down. In companies under public law, it is regulated by the respective Staff Representation Act and, in the case of church institutions, by the respective Employee Representation Act or the Employee Representation Regulations regulated.

Electing a works or staff council

A works or staff council can be formed with at least 5 employees who have reached the age of 18 and 3 of whom have been with the company or office for 6 months. Foreign employees are equal to their German colleagues with regard to the right to vote and stand for election.

Co-determination of employees on the Supervisory Board

Employee co-determination ensures that employees are involved in the company's important economic planning and decisions. It applies to larger companies with 500 or more employees in the legal form of a corporation, such as a stock corporation or limited liability company (GmbH).

Employees have the right to appoint representatives to the supervisory boards of these companies in order to participate in the company's decision-making processes. Employees of the company and trade union representatives can be elected to the supervisory board.

The supervisory board monitors the management and can make certain transactions dependent on its approval.

There are various laws that regulate the extent of employee participation in the supervisory boards of companies and groups: Employees with 500 or more employees have the right to elect one third of the members of the supervisory board of a corporation ( One-Third Participation Act ). Employees with 2,000 or more employees have the right to elect half of the members of the supervisory board of a corporation ( Co-determination Act ).

Equal Treatment Body for EU Employees

In 2014, the EU adopted the Directive on the enforcement of the free movement of workers (2014/54/EU) was adopted. It obliges all member states, establish national advice centers to establish national advice centers to promote equal treatment. In Germany, the EU equality body was established in Germany in 2016. EU employees and their family members receive independent legal and/or other support through advice and referral advice. Among other things, it promotes networking with trade unions and employers' associations as well as governmental and non-governmental institutions.

• Works Constitution Act
• Staff Representation Act
• One-Third Participation Act
• Co-determination Act
• Directive on the enforcement of the free movement of workers (2014/54/EU)
• EU Equal Treatment Body