Increasingly, employers are required to include employees in decisions affecting their organisation. This requirement makes the decision-making process even more complex, and raises a number of questions. Are you required to consult the Works Council for advice on every policy issue? When is a decision an important decision as intended in the Works Councils Act (WOR)? What can you do if the Works Council fails to respond to a request for advice or approval, in time. Can you then ignore the advice of the Works Council? What are the rights and authorities of the Works Council? When are you required to establish a Group or Central Works Council (COR)? And how often should elections be organised?
The attorneys in the Employment Law practice group advise businesses on establishing employee representation bodies such a Works Council (OR) or staff representation committee (PVT). We are experienced in drawing up Works Council regulations and company agreements and are able to advise on statutory obligations for requesting advice and approval from the Works Council. Examples include advisory processes for reorganisations, mergers and takeovers, and approval processes for the harmonisation of conditions of employment or amending leave or pension schemes.
As well as offering guidance and advice, we can counsel both the entrepreneur and the Works Council in possible legal proceedings before the district court or the Enterprise Chamber.