Simplified voting procedure
The deadlines for the simplified election procedure are shorter than those for the normal election procedure, which means that the new works council can be elected more quickly. In addition, the simplified election procedure is always carried out as a personal election.
Compared to the normal election procedure, the simplified procedure is particularly suitable for smaller companies or situations where the election needs to be carried out quickly.
The simplified election procedure is always carried out as a personal election.
Compared to the normal election procedure, the simplified election procedure is particularly useful for smaller companies or when the election needs to be carried out quickly.
The procedure for a works council election using the simple election method
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Appointment of an election committee
In companies with a works council, the incumbent works council appoints an election committee at least four weeks before the end of its term of office. This committee is then responsible for all necessary tasks related to the election.
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Commencement of the election process
If there are between 5 and 100 employees eligible to vote, the simplified election procedure is initiated.
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Election notice and voter list
The next step is to compile and publish the electoral roll and election notice. The election notice must contain the minimum information specified in Section 3 of the Electoral Regulations, such as the date of the election, the place and time of the public counting of votes, and relevant information on postal voting.
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Time for objections and submission of nominations
The period for lodging objections to the electoral roll and submitting nominations now begins. In the simple election procedure, a personality election is held.
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Announcement of the works council candidates
Candidates must be announced at least one week before the works council election. However, in larger companies, earlier publication is advisable for organizational reasons (such as postal voting).
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Preparation and implementation of election day
The election committee is responsible for preparing and conducting the election. On election day, it carries out the voting and counting of votes and, in addition to all the necessary formalities, takes care of the invitation to the constituent meeting of the newly elected works council.
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What election procedures are there?
Before organizing the works council election, the correct election procedure must be determined. There is the simplified election procedure and the normal election procedure. This depends on the size of the company:
– In companies with generally five to 100 employees eligible to vote, the works council is elected using the simplified election procedure.
– In companies with more than 200 employees eligible to vote, the election takes place using the normal election procedure.
– In companies with generally 101 to 200 employees eligible to vote, the normal election procedure is generally used. However, the election committee has the option of agreeing on the simplified election procedure with the employer in accordance with §14a BetrVG.
Depending on whether a works council already exists, the simplified election procedure is carried out in one or two stages. This is because, without an existing works council, three employees who are eligible to vote must first get together and plan a staff meeting, which they then convene. At this meeting, an election committee is elected for the works council election.
Which employees have the right to vote?
All employees who meet the following criteria are eligible to vote:
- They belong to the company, i.e., they perform work under the direction of the employer.
- are at least 16 years of age
- are employees in the legal sense, i.e., they perform work on the basis of an employment contract and are subject to the employer's instructions.
Does the election committee have a right to training?
Yes, the election committee has a right to training in order to be able to perform its duties properly. According to Section 20 (3) of the Works Constitution Act (BetrVG), the members of the election committee must participate in training courses or seminars that provide the necessary knowledge about the election procedure, the election rules, and the legal framework. The costs of these training courses, including travel and accommodation expenses, are borne by the employer. This is important to ensure that the works council election is conducted in a legally compliant and correct manner.
Who organizes works council elections?
In companies with a works council, the incumbent works council appoints an election committee at least ten weeks before the end of its term of office. This committee is then responsible for all necessary tasks related to the election.
How many members does a works council have?
The size of the works council depends on the number of employees eligible to vote in the company. The Works Constitution Act regulates the composition of the works council according to the number of employees. The more employees a company has, the larger the works council must be in order to ensure adequate representation of the workforce.
Here is an overview of how the number of works council members is generally composed according to § 9 BetrVG:
- Up to 20 employees eligible to vote: 1 works council member
- 21 to 50 employees eligible to vote: 3 works council members
- 51 to 100 employees eligible to vote: 5 works council members
- 101 to 200 employees eligible to vote: 7 works council members
- 201 to 400 employees eligible to vote: 9 works council members
- 401 to 700 employees eligible to vote: 11 works council members
- 701 to 1,000 employees eligible to vote: 13 works council members
- 1,001 to 1,500 Eligible employees: 15 works council members. For companies with more than 1,500 employees, the number of works council members increases gradually: For every additional 500 employees, two members are added.
- 5,001 to 6,000 eligible employees: 31 works council members
- 6,001 to 7,000 eligible employees: 33 works council members
- 7,001 to 9,000 eligible employees: 35 works council members
- For companies with more than 9,000 employees, the number of works council members increases incrementally:
For each additional 3,000 employees, 2 members are added.
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Election committee training
The next regular works council elections will take place in spring 2026. As these are very complex, it is important to avoid formal errors or deadline violations. With our complete package for works council elections, we offer you, as the election committee, the optimal foundation and much more than just a seminar.
FAQs about works council elections
Do you have general questions about the upcoming works council election?
Then you've come to the right place! You'll find all the important answers in our comprehensive FAQs: concise, understandable, and to the point.
Whether it's seat allocation, deadlines, or legal principles, we provide you with all the relevant information so that you are well prepared. Take a look and start the works council election well informed!
Simple voting procedure model:
Below you will find all the important templates you need for the works council election (simple election procedure).
Works council elections made easy: We support you!
The next works council election is approaching, and you want it to be professional, smooth, and legally compliant? We are here for you! Benefit from our expertise and let us work together to ensure a successful election. We look forward to hearing from you!