Guide to the conciliation board
The pressure is mounting: digitalization, changing production processes, and a shortage of skilled workers are placing high demands on companies—especially in terms of their willingness to innovate. But it's not just about breaking new ground in the market: cooperation within the company must also adapt to change. If a conflict has reached an impasse, a conciliation committee can provide the decisive impetus for a solution.
Perhaps you are also facing such a conflict that requires professional conflict resolution. But the path to a conciliation committee often raises questions: Where can you find the right conciliation committee chairperson, how does the process work, and what can you expect from the conciliation committee as a conflict resolution tool? This guide is designed to answer these questio
ns and help you find the path to constructive conflict resolution through a conciliation committee.Does a conflict at work seem deadlocked and hopeless?
We not only assist you in finding the right conciliation committee chairperson, but also support you throughout the entire implementation process to successfully overcome operational challenges and find a solution.
FAQ
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What is the conciliation committee?
A conciliation committee is an arbitration procedure under works constitution law for regulatory conflicts between employers and works councils. The legal basis for this is essentially Section 87 of the Works Constitution Act (BetrVG). A conciliation committee can be convened by either the works council or the employer. It consists of participants appointed by the works council and participants appointed by the employer. There is also an impartial chairperson of the conciliation committee.
What are typical subjects of conflict dealt with by the conciliation committee?
Typical regulatory conflicts are issues of “hard” co-determination (Section 87 BetrVG). Examples include the regulation of IT systems through works agreements, disagreements on the design of duty rosters or shift schedules, or the clarification of the employer's duty to provide information to the economic committee.
There are a number of regulatory issues where the conciliation committee can be enforced. These are primarily co-determination issues in accordance with Section 87 BetrVG. However, there are many other regulatory issues in the law where a conciliation committee can be enforced.
On whose initiative is the conciliation committee called upon?
As a rule, each party to the works agreement can individually call upon the conciliation committee. It is also conceivable that both parties to the works agreement could jointly call upon the conciliation committee.
What is the procedure at the conciliation board?
The conciliation committee is responsible for mediating between the parties within the company and reaching an amicable resolution to conflicts. Accordingly, the Works Constitution Act takes a back seat when it comes to the structure of the conciliation committee. It is not a matter of formalized procedures – nor of judicial rulings. Therefore, a lot of time is spent on hearing and exchanging views between both parties. There are often interruptions for longer interim discussions. The exact procedure of the conciliation committee is highly individual. As a rule, conciliation committees take place on the premises of the company.
What is the outcome of the conciliation committee?
As a rule, conciliation committees end with a compromise for the parties involved, mediated by the chair of the conciliation committee. However, if attempts to reach agreement on a co-determination issue fail, the members of the conciliation committee vote. If there is a tie between the parties involved, the chair casts the deciding vote in a further round of voting. The result of the vote is then the so-called ruling of the conciliation committee. A ruling of the conciliation committee is a binding result under works constitution law.
Who has to pay for the conciliation committee?
Section 76a of the Works Constitution Act (BetrVG) (https://www.gesetze-im-internet.de/betrvg/__76a.html) regulates the issue of costs in general terms. The costs of a conciliation committee are borne by the employer. This includes both the costs of the chair of the conciliation committee and the time off work for the works council members.