New elections during the current term of office of a works council

Normally, the term of office for a works council is four years, and the election cycle is the same in all companies in Germany. However, sometimes new elections may or even must be held outside the regular election period. For example, if there has not yet been a works council in the company or if new elections become necessary due to exceptional circumstances.


Find out here what conditions must be met for an early election, what needs to be considered during the election, and how to conduct it in a legally compliant manner!

When can or must extraordinary elections be held?

Extraordinary works council elections only take place if one of the cases specified in Section 13 (2) of the Works Constitution Act (BetrVG) applies. These are:

  • Significant change in the number of employees in the company

    If the number of employees has changed significantly, new elections must be held. The prerequisite for this is that

    • the number of employees in the company has changed by at least 50 percent – and by at least 50 employees – and
    • this change is determined on the statutory reference date (exactly 24 months after the election day).

    A deviation of less than 50 employees or exceeding the thres

    holds after the reference date does not require new elections.

  • Decrease in the total number of works council members below the legally prescribed number

    If the number of works council members falls below the legally prescribed number despite all substitute members taking their places, a new election is unavoidable.

  • Resignation of the current works council

    If the works council resigns, a new election is required.
    It does not have to give a reason for its resignation, but it must pass a works council resolution with an absolute majority.

  • Contesting the election and judicial dissolution

    If a works council election is effectively contested and declared invalid by a court, a new election must be held. The term of office of the works council ends when the court decision becomes final.

  • Works council dissolution due to gross breach of duty

    If the works council is dissolved by a court due to gross breach of duty, new elections must also be held. However, it is rare for works councils to commit such gross breaches of duty that they justify the dissolution of the works council body.

  • Establishment of a works council in the company

    Establishing a works council is always a good idea, and this is possible even if your company has a workforce of only five employees who are eligible to vote. CampusArbeitswelt is happy to help you set up a works council. We offer professional support in the form of supplementary preparatory measures, individual consultation, and the initiation of notarization of your declaration of intent to establish a works council.

Return to the regular four-year election cycle

Normally, a works council remains in office for four years. But what happens after a works council election outside the regular election period, and how does one return to this regular election cycle?

  • As a rule, the term of office of a newly established works council will be less than four years, as according to the BetrVG, new elections must be held at the next regular works council election (§ 13 (3) sentence 1 BetrVG).
  • Works council members who have been in office for less than 12 months at the beginning of the period of the next regular works council elections remain in office until the next but one regular election (§ 13 (3) sentence 2 BetrVG). In this exceptional case, the term of office lasts longer than four years.

At the latest by the next but one works council election, elections will therefore be held again within the regular election period.

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

Frequently asked questions

Holding a works council election is often not that easy. Who is eligible to vote and who is eligible to be elected? Is the simple or the normal election procedure the right one for my company? Perhaps we can answer these questions for you right now.

What is the difference between personality voting and list voting?

In list voting, also known as proportional representation, candidates are elected from lists. Each voter can choose one list and has one vote. The candidates are listed in order on these lists.

In personality voting, also known as majority voting, there is only one list containing all candidates. Each voter has as many votes as there are works council members to be elected and can vote for the corresponding number of people. In the simplified election procedure, a personality election always takes place. In the “normal” election procedure, a list election is generally announced in the election notice. The election committee may not specify a personality election from the outset, as this would make the election contestable. However, if only one list is submitted, the election is converted by law from a list election to a personality election.

Who is eligible for election?

According to § 8 BetrVG, all employees who are eligible to vote, have reached the age of 18, and have been with the company for at least six months are eligible for election. In addition, they must not have lost their eligibility to vote due to a criminal offense.

Who is eligible to vote?

According to § 7 BetrVG, all employees of the company who have reached the age of 16 are eligible to vote.

Temporary workers are eligible to vote if they have been assigned to the company for more than three months.

What steps are necessary to carry out the company election?

First, an election committee is appointed. This committee sets the election date, compiles the list of eligible voters, accepts nominations, organizes and conducts the election, and then announces the election results.

How are works council elections initiated?

An election committee is responsible for organizing and conducting the election. This committee is appointed either by the current works council, by a works meeting, or upon application to the labor court. The election initiators are the persons who either invite the election committee to the election or submit an application for its appointment to the labor court.

Contact us now without obligation

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.

Do you need help with the works council election?

Are you facing works council elections and need expertise and active support? We are happy to help and look forward to hearing from you.

Call now: 0211/96294060 Email to: info@campusarbeitswelt.de