Information rights of the works council
According to German law, the works council has a number of information rights vis-à-vis the employer . The works council as a whole, not individual works council members, is entitled to these information rights. The information rights ( information ) of the works council result from the Works Constitution Act (BetrVG).
General
The works council can only sensibly exercise its rights under the Works Constitution Act if it is informed in good time and comprehensively. The Works Constitution Act therefore places the works council on the same level as the employer with regard to its knowledge of all operational issues (with a few exceptions). Even company or business secrets are to be communicated to the works council.
No specific reason is required for the works council to request information. From the general regulation of the right to information in § 80 Abs. 2 BetrVG it results rather that the works council "at any time", i. H. documents are to be made available even without a specific reason, provided that these are necessary for proper works council work.
The BetrVG also regulates the right of individual works council members to be informed by giving them the right to view the documents of the works council or its committees at any time, Section 34 (3) BetrVG.
The works council's right to obtain the information requested can ultimately be enforced in court. If the employer repeatedly refuses to pass on information, he can be legally compelled to do so via Section 23 (3) BetrVG.
Consultant
In companies with at least 300 employees (without further agreement with the employer), the works council can call in an advisor for support if the employer is planning a change in the company within the meaning of Section 111 BetrVG. The company bears the costs of this consultant.
Knowledgeable workers
The works council can make use of the knowledge of colleagues by asking the employer to provide specifically designated, knowledgeable employees as information persons ( Section 80 (2) sentence 3 BetrVG).
expert
According to Section 80 (3) of the Works Council Act, the works council can call in experts “after more detailed agreement” with the employer, insofar as this is necessary for the proper performance of its tasks. However, in the context of the “detailed agreement”, the employer is not initially obliged to commission an expert proposed by the works council.
Trade or trade secrets
Information subject to confidentiality cannot be withheld from the works council with reference to the obligation of confidentiality or data protection , as can be seen from § 79 BetrVG: Due to the regulation that the works council is obliged to maintain confidentiality, it must be concluded that it is fundamentally entitled to such information - insofar as these are necessary for the proper work of the works council.
Economic Committee
The economic committee has to report to the works council immediately and in full on each meeting ( Section 108 (4) BetrVG).
Individual information rights
Occupational health and safety, environmental protection
From § 89 BetrVG it results that the works council is to be informed about all matters of occupational safety and accident protection as well as company environmental protection . The mandatory involvement of the works council can only be exercised in a meaningful way if the works council has been fully informed beforehand. The works council must be informed of the requirements and orders of the competent authorities with regard to occupational safety, accident prevention and occupational accident protection ( Section 89 (2) sentence 2 BetrVG). In addition, works council members appointed by the works council have to take part in the discussions with the safety officers . The works council must be given the minutes of examinations, inspections and meetings, provided that it has participated in the relevant measures.
Work design, structural changes, technical systems
The employer must inform the works council about the planning of the workplaces (with regard to their design) and make the necessary documents available to it ( Section 90 (1) (4) BetrVG).
The employer must inform the works council of all new buildings, conversions or extensions in the company during the planning stage and provide it with the necessary documents ( Section 90 (1) (1) BetrVG).
The employer must inform the works council about the planning of technical systems and provide it with the necessary documents ( Section 90, Paragraph 1, Item 2, BetrVG).
Working procedures, workflows
The employer must inform the works council about the planning of work processes and work processes and provide it with the necessary documents ( Section 90 (1) (3) BetrVG).
Handling of employee complaints
If an employee complains to the works council and the works council has considered the complaint to be justified and forwarded it to the employer, the employer must inform the works council about the handling of the complaint ( Section 85 (3) BetrVG).
Vocational training
At the request of the works council, the employer must determine the vocational training needs of the employees in the company and inform the works council ( Section 96 (1) sentence 2 BetrVG). In addition, the works council is to be informed about the establishment and equipment of in-company facilities for vocational training, the introduction of in-company vocational training measures and participation in external vocational training measures ( Section 97 (1) BetrVG). There is also a right to information with regard to those who are to or carry out in-company or non-company vocational training ( Section 98 (2) BetrVG). It applies here that the information rights of the works council are not limited to vocational training, but relate to every form of in-company vocational training.
Operational changes
The employer must inform the works council in companies with more than 20 employees who are entitled to vote about planned changes to the company . Operational changes include, for example, the restriction or shutdown of the entire company or essential parts of the company, relocations, mergers or divisions of the company, fundamental changes to the company organization, the operational purpose or the operating facilities, the introduction of fundamentally new working methods and production processes ( Section 111 BetrVG).
Hiring, categorization and remuneration
The works council must be informed in advance of any employment in the company intended by the employer. The application documents of all applicants must be submitted to him. The employer must explain the effects of the recruitment on other employees ( Section 99 (1) BetrVG).
The employer must also inform the works council of the intended classification before hiring ( Section 99 (1) BetrVG). The employer must inform the works council of any intended regrouping, i. H. notify the change in the previous collective or company classification of an employee ( Section 99 (1) BetrVG).
The works council has the right to inspect the gross wage and salary lists ( Section 80 (2) sentence 4 BetrVG). However, this right is limited to one inspection. The works council has no right to receive copies of these lists. However, the works council can make notes from the lists.
The works council must also be informed about the hiring or personnel change of a managerial staff ( Section 105 BetrVG).
Since April 1, 2017, the works council must also be expressly informed about the detailed deployment planning of temporary workers and the contracts on which they are based, in accordance with Section 80 (2) BetrVG.
termination
The employer must inform the works council before any dismissal. The information obligation includes information about the person of the employee to be dismissed, his age, the length of his employment with the company, his maintenance obligations, his severe disability, the reason for the termination, the type of termination, the applicable notice period.
Personnel planning
The employer must inform the works council in a timely and comprehensive manner about personnel planning , in particular about current and future personnel requirements, as well as about the resulting personnel measures and measures of vocational training on the basis of documents ( Section 92 (1) BetrVG).
Social affairs
As part of the co-determination right according to § 87 BetrVG, the employer has to inform the works council comprehensively about all matters regulated in § 87 para. 1 BetrVG so that the works council receives the same level of information as the employer.
Subcontractors, freelance workers, contractors, freelancers
With regard to the employment of persons or groups of persons who are not in an employment relationship with the employer, the works council has a right to information from Section 80 (2) sentence 1 BetrVG.
Transfer
The employer must inform the works council before any planned transfer of an employee. The employee must be named and the effects of the transfer on other employees must be explained ( Section 99 (1) BetrVG).
Preliminary personnel measure
If the employer carries out a hiring, categorization, regrouping or transfer provisionally, he must inform the works council of this immediately ( Section 100 (2) sentence 1 BetrVG).
