Works constitution law II for employers

Brief overview of the system of participation rights of the works council

Participation rights in social matters

• Regulation of social matters.
• Working time, liquefaction of working time.
• Order and work behavior.
• Vacation.
• Technical monitoring devices, digitalization, AI, basics of data privacy.
• Occupational health and safety, company integration management (BEM).
• Company wage and salary structure.
• Company social facilities.
• Design of mobile work.

Participation rights in economic matters

• Cooperation in the Economic Committee (WA).
  • Role of the WA and establishment.
  • Participation of the WA.
  • Consequence of non-participation/disputes.
• Design of work processes and working environment.
  • Participation rights of the works council.
• Fundamentals of operational change, reconciliation of interests and social plan.
  • When is there a change in operations?
  • Role of the AG and BR in operational changes.
  • Course of the procedure.
  • Necessity of attempting to reconcile interests/balance disadvantages.
  • Social compensation plan: Concept, content, enforceability, endowment, severance payment factors also taking into account § 10 No. 6 AGG.

Company agreements and regulatory agreements

• When does a works agreement make sense, and when does a regulatory agreement?
• New: Openness to company agreements for standard employment contracts?
• BV formulations, content and effect, typical pitfalls.
• Burden of proof.
• Legal consequences.
• Termination and subsequent effect.

Further solutions for conflict resolution between the AG and the BR

• Negotiation (communication), regular jour fixe, workshops.