Founding a works council, and why the boss may not prevent it
A works council represents the interests of the employees and has real co-determination rights. Many do not know: even in small companies you can found one, and the employer may neither forbid it nor disadvantage the initiators.
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What you should do now
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1. Count the employees
Are there usually at least five employees entitled to vote in the company (at least three eligible)?
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2. Invite to the election meeting
Three eligible voters (or a union) invite to a works meeting that elects an electoral board.
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3. Hold the election
The electoral board organizes the works council election (often in the simplified procedure in small companies).
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4. Push back against obstruction
If the employer obstructs or disadvantages the founding, get support (union) and check legal steps (§ 119 BetrVG).
Frequently asked questions
From how many employees may one found a works council?
From usually five permanent employees entitled to vote, at least three of whom are eligible (§ 1 BetrVG). So it is also possible in smaller companies, often in the simplified election procedure.
Can the employer dismiss me if I want to found a works council?
No, that is precisely not permissible: whoever calls for the works council election or runs as a candidate enjoys special protection against dismissal. The employer is subject to a prohibition on obstruction; obstructing or influencing the election is a criminal offense (§ 119 BetrVG). If there are problems, the union helps.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.