ARTICLE · 11 APRIL 2022

German Works Council Election Procedures: Changes To Upcoming Elections In 2022

Ogletree, Deakins, Nash, Smoak & Stewart

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On October 15, 2021, amendments to the Election Regulations for the Implementation of the Works Constitution Act (Wahlordnung or WO) went into effect.

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On October 15, 2021, amendments to the Election Regulations for the Implementation of the Works Constitution Act (Wahlordnung or WO) went into effect. As a result, the changes in the Works Council Modernization Act (Betriebsrätemodernisierungsgesetz) of June 18, 2021, have been implemented in the Election Regulations.

As of June 18, 2021, the Works Council Modernization Act-formally known as "The Act to Promote Works Council Elections and Works Council Activities in a Digital Working World"-considerably expanded the options for conducting a simplified election procedure as follows:

A simplified election is mandatory for any company that has 5 to 100 employees who are eligible to vote, provided that employees call for an election (sec. 14a (1) Works Constitution Act (Betriebsverfassungsgesetz or BetrVG)). Previously, this option applied only to companies with previously 5 to 50 employees.

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