Normal election procedure

Normal election procedure

For companies with more than 100 employees, the normal election procedure is generally used.

The election committee must be appointed no later than 10 weeks before the end of the works council's term of office. In the normal election procedure, both a personal election and a list election can be held. Compared to the simple election procedure, the normal election procedure offers more flexibility in the type of election and is suitable for larger companies.

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The process of a works council election in the normal election procedure

  • Appointment of an election committee

    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.

  • Initiation of the normal election procedure

    If there are more than 100 employees eligible to vote, the normal election procedure usually applies.

    Exception: If there are between 101 and 200 employees, the simplified election procedure pursuant to Section 14a of the Works Constitution Act (BetrVG) may also be initiated in consultation with the employer.

  • 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.

  • Time for objections and submission of nominations

    The period for lodging objections to the electoral roll and submitting nominations now begins. If several lists of nominations are submitted, a list election will be held. If only one list is submitted, a personality election will be held.

  • 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).

  • 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.

Frequently asked questions about regular works council elections

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 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. Video on the election procedure

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 the 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 employees eligible to vote: 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 employees eligible to vote: 31 works council members
  • 6,001 to 7,000 employees eligible to vote: 33 works council members
  • 7,001 to 9,000 employees eligible to vote: 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 or part thereof, 2 members are added.

What election procedures are there?

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Do you have questions about works council elections, need support in setting up a works council, or would you like to find out about training opportunities? No matter what stage of the election process you are at, we are here to help! Simply fill out the form below and we will contact you as soon as possible to provide you with individual and comprehensive advice. Together, we will find the right solution for your needs.

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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.

Election committee training

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!

To our FAQ posts

Sample normal election procedure:

Below you will find all the important templates you need for the works council election.

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's work together to ensure a successful election. We look forward to hearing from you!

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