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ARTICLE · 07 SEPTEMBER 2020

‘Do You Speak German?' New Ruling Holds That A Works Council Cannot Impose A Language Requirement On Employer

A recent ruling held that the works council cannot require an employer to communicate with it in German, as long as the employer ensures that both sides can understand each other clearly.

GermanyEmployment and HR
Sandra Fredebeul (KLIEMT.HR)
Sandra Fredebeul (KLIEMT.HR)

A recent ruling held that the works council cannot require an employer to communicate with it in German, as long as the employer ensures that both sides can understand each other clearly.

Can the works council require an employer to only speak to it in German? Does the works council have a right to ‘simple' communication with the employer? Can the works council impose its ideas about the ‘right' company language on an employer? A recent decision by the Nuremberg Labour Court provides some clarification.

What was the background to the decision?

An international fashion company with 80 branches and approximately 4,500 employees in Germany employed a branch manager in Nuremberg who hardly spoke any German. The employer did not have any guidelines regarding language use in the company. Among other things, the branch manager had conducted job interviews and personnel discussions in English. In addition, the short daily staff meetings were conducted in English when

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