Germany: Works Council Elections 2026

The works council is a committee codified in German law that represents the interests of employees towards the employer. Close and constructive cooperation is desirable for the benefit of all parties involved. Regular works council elections are taking place between March and May 2026.

In Germany, the Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) regulates co-determination in the workplace. It enables employees in establishments with at least five employees who are eligible to vote (three of whom are eligible for election) to elect a works council. This committee represents the interests of the workforce towards the employer and, depending on the matter, has information, consultation, or enforceable co-determination rights. The German Works Constitution Act applies to all establishments located in Germany, regardless of whether the company has its headquarters abroad or is part of an international corporate structure.

Employer decisions can be significantly influenced by co-determination rights. This is particularly relevant for issues such as:

• Introduction of new IT systems or monitoring technologies
• Working time models and shift systems
• Restructuring
• Staff reductions
• Transfers and hiring

In many of these areas, the works council has enforceable co-determination rights. Measures taken without proper participation of an existing works council may be invalid.

Regular works council elections will take place nationwide between March 1 and May 31, 2026. In many companies, the election committee has already been appointed, the election notices have been published, and the elections are imminent or underway.

 

Background

The procedure to be used depends on the size of the establishment (Betrieb). The simplified procedure is mandatory for establishments with 5 to 100 eligible voters and can be used for establishments with 101 to 200 eligible voters by agreement between the election committee and the employer. The simplified procedure is characterized by significantly shorter deadlines, fewer election meetings, and rapid implementation within a few weeks. This means that, especially during the current election period, elections in smaller establishments can take place at very short notice. Employers should therefore be particularly attentive as soon as an invitation to the election meeting is issued.

For establishments with more than 200 eligible employees, however, the normal election procedure applies. Here, formally stricter requirements and more detailed deadlines apply, and the distribution of seats in the works council is more complex. In larger organizations, the organizational scope is considerably greater, especially in the case of multiple locations or complex corporate structures.

 

Key Issues

Employers must observe certain obligations during the ongoing election process.

There is a strict duty of neutrality. The employer may neither obstruct nor influence the election. In particular, it is prohibited to provide (financial) support to individual candidates or lists, to engage in derogatory or deterrent communication, to exert pressure on employees not to stand as candidates, and to favour or discriminate against certain employees in connection with the election. A violation can lead to the election being contested and, under certain circumstances, even result in criminal consequences (Section 119 of the German Works Constitution Act).

During an ongoing election process, the employer has active obligations to cooperate: Suitable rooms must be provided, the necessary material resources must be made available, there must be opportunities to display election documents, the election committee must be released from their duty to work to the extent necessary, and specific personnel lists must be submitted. Any delay or incomplete information can make the election vulnerable to challenge.

The employer also bears all necessary costs of the works council election. These include printing and material costs, necessary training of the election committee, costs for postal voting documents, and, if applicable, costs for external consulting.

A particularly sensitive area is extended protection against dismissal, which applies, for example, to members of the election committee, election candidates, and the initiators of the election. This protection takes effect very early in the process and goes far beyond general protection against dismissal. While ordinary dismissals are generally excluded in this context, extraordinary dismissals often require additional court approval.

Practical Points

• Employers should note that even small sales branches or project offices may be eligible for a works council. The size of the company abroad is irrelevant—the individual business in Germany is what is of significance.
• The formal requirements for a works council election are high. Typical sources of error include incorrect voter lists, missed deadlines, deficiencies in election proposals, and errors in vote counting. An election can be contested by the employer, among others, within two weeks of the results being announced and, in exceptional cases, can even be declared null and void.
• A professional and legally compliant approach to works council elections by the employer creates stability and minimizes liability risks. Those who are aware of their legal obligations, remain neutral and properly support the ongoing election process can lay the foundation for constructive cooperation with a (newly elected) works council.