Civil Law

Works Council elections 101: Understanding the basics for employers

Between 1 March and 31 May 2026, works council elections, which are held every four years in Germany, will take place in all companies that already have a works council. Moreover, if a company has several operations, each with its own works council, an election campaign and works council election will be held in each individual operation.

The upcoming works council elections are therefore a hot topic in Germany. In the coming months, we will be publishing a series of blog posts on this topic, providing insight into what employers need to know before, during and after the elections, and what they should avoid at all costs.

The role of Works Councils in Germany

Works councils play an important role in the German working world. Works council members are elected by the employees of the respective operation. Works councils exercise extensive rights within the company. Ignoring the works council is therefore ill-advised and can lead to significant employer sanctions. The number of works council members depends on the size of the operation. The rights of the works council are fundamentally enshrined in the German Works Constitution Act (Betriebsverfassungsgesetz). In addition, the First Regulation on the Implementation of the German Works Constitution Act (Wahlordnung) also applies for the election process.

The works council has extensive rights to information, consultation and co-determination. Particularly in areas that have a fundamental impact on the working environment, it has so-called mandatory co-determination rights. This goes a step beyond rights to be consulted and means that, in principle, the employer cannot act unilaterally without the prior consent of the works council. Mandatory co-determination rights with significant practical relevance exist, for example, when it comes to:

• restructuring exercises;
• introducing and using IT tools and AI; and
• awarding variable remuneration.

Don’t forget about special protection against dismissal

Works council members have special protection against dismissal, and substitute works council members can have similar protection under certain conditions. This means that they can only be dismissed for good cause and, in some cases, only with the consent of the works council.

But that’s not all. In the run-up to and after the works council election, the election committee members (who prepare and conduct the election) and under certain conditions the election candidates and the initiators of a first-time election (even if they are not elected to the works council), also have special protection against dismissal.  Any other pre-existing protection against dismissal continues to apply in accordance with the statutory provisions.

If an employer is planning restructuring measures for 2026, it is therefore imperative to examine whether and under what conditions this restructuring can be successfully implemented in Germany, given the special protection against dismissal associated with works council elections.

Considerations for navigating the election procedure

Since the works council often holds significant influence when it comes to the employees, it can be assumed that during the election campaign, the works council members will want to demonstrate tangible achievements for the employees so that they are re-elected.

Particularly in companies where a trusting working relationship with the works council is not possible for whatever reason, employers may often be tempted to try and prevent works council elections or influence the outcome of the upcoming elections.

However, caution is advised because employers are strictly prohibited from preventing works council elections. In addition, employers’ options for influencing the elections are very limited. For example, employers are prohibited from influencing works council elections by causing or threatening disadvantages or by granting or promising advantages. If the employer violates this rule, they can expect heavy fines or even criminal consequences.

Before and during the election, the employer’s main responsibility is to support the election committee in preparing for the election.

Amongst other things, the employer is also responsible for:

• covering the costs of preparing and conducting the election;
• paying compensation for lost working time due to preparation for and participation in the election; and
• providing all necessary information and documents required by the election committee.

Legislative changes

Before the last elections in 2022, the German Works Council Modernisation Act (Betriebsrätemodernisierungsgesetz) introduced significant changes to the election process. In the spring of 2025, the new German federal government published its plans to introduce an optional digital voting procedure for the 2026 works council elections. However, there are still no specific legal regulations in place for this. The continuing uncertainty regarding the timely introduction of the digital election procedure is leading to a lack of planning security for both employers and election committees. Should there be any news or other legislative changes in connection with election procedures, we will bring them to you in future blog posts.

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