If an employee who regularly works at a particular plant of the
company and has his place of work there is appointed as the
superior of employees of another plant, this may constitute a new
hire under the Works Constitution Act in which case the works
council of the other plant is to be consulted in accordance with
Section 99 Works Constitution Act. This is not precluded by the
fact that the employee is already integrated into the plant of his
place of work.
Federal Labor Court, June 12, 2019 – 1 ABR 5/18
p>The employer, a telecommunications company, maintains
several plants in Germany. An employee from headquarters, where a
separate works council is established, was promoted to lead the TC
division. This area is subdivided into several departments,
including Manufacturing and Control, whose employees mainly work at
the R plant. The head of the TC division essentially performs his
work from headquarters. He has his office there and is only
occasionally present at
