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ARTICLE · 26 APRIL 2018

Close Observation Of Works Council Elections 2018

Mayer Brown
Mayer Brown
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Works council elections are generally held every four years, from March 1 through May 31. A flawed election process can be costly for the employer.

GermanyEmployment and HR

Works council elections are generally held every four years, from March 1 through May 31. A flawed election process can be costly for the employer. Violations of election rules may render the election retrospectively void and trigger a new election. All actions taken and agreements entered into by the works council elected in an invalid election are null and void. Therefore, timely and well-informed intervention, as well as close monitoring of the election process, can save unnecessary costs and at the same time open important doors to exercise influence.

A works council election is left to the employees' initiative. If the employees decide to elect a works council, the employer may not reject or impede the election. An employer who hinders or influences a works council election, for instance by threatening to terminate employment relationships, may face imprisonment of up to one year or a fine. In businesses with an existing works council, the initiative of a single

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