Calculating the deadlines for works council elections is crucial to ensuring that the election process is legally compliant and conducted properly. The provisions of the Works Constitution Act and the election regulations apply, which specify the exact time periods and deadlines for the various steps in the election process. Errors in calculating deadlines can jeopardize the election, which is why careful planning by the election committee is essential.

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In order for a proper works council election to take place, the election committee must first be appointed by the works council.

If there is neither a works council nor a general or group works council, the election committee must be elected at a works meeting. To do this, at least three employees must first come together to invite others to the works meeting. Trade unions can also initiate a works meeting. Trade unions can also initiate a works meeting. c/o/v/f467b119ffaf449d9ddc009603ad1ff7.mp4">Video on forming the election committee

The election committee plays a central role in organizing and conducting works council elections. It is either appointed by the existing works council or, if there is no works council, elected at a works meeting. The tasks of the election committee are regulated by the Works Constitution Act (BetrVG) and include all steps necessary to ensure a proper election. The most important tasks of the election committee are

1. Initiating the works council election

The election committee formally initiates the works council election. This means that it must act in good time so that the election can be held within the statutory deadline. This includes setting the election date and organizing the entire election process.

2. Compiling the list of voters

The election committee draws up a list of all employees in the company who are eligible to vote. This list of voters must be displayed publicly in the company so that every employee can check that they are correctly entered. Employees have the opportunity to object to the list of voters within a certain period if they discover any errors. Preparation and publication of the election notice

One key document that the election committee must prepare is the election notice. It informs the workforce of all the important details of the election, such as the election date, the election location, the deadlines for submitting nominations, and the number of works council members to be elected. The election notice must be announced in the company at least six weeks before the election date.

4. Review of nominations

The election committee reviews the nominations submitted. In particular, it checks whether the nominations have been submitted in the correct form and within the deadline and whether the number of supporting signatures from employees is sufficient. Only valid nominations are admitted to the election. 5. Conducting the election On election day, the election committee is responsible for conducting the election. It sets up polling stations, provides ballot boxes and ballot papers, and ensures that the election is conducted properly and secretly. The election committee supervises the entire election process and ensures that all employees eligible to vote have the opportunity to cast their votes either in person at the polling station or by postal vote.

6. Counting the votes

Once the election period has ended, the election committee conducts a public count of the votes cast. This must be done transparently and in accordance with the established rules. The election committee checks whether all votes cast are valid and determines the winners of the election, i.e., the newly elected works council members.

7. Announcement of the election results

After the votes have been counted, the election committee must announce the election results to the workforce. This is done by posting a notice in the company listing the elected members of the new works council and the number of votes cast and valid votes.

8. Documentation and storage of election documents

The election committee must store all election documents, including ballots and the election record, for a certain period of time. These documents may be required in the event of an election challenge or judicial review. Supporting the new works council

After the election, the election committee supports the newly elected works council at its first constituent meeting, at which the works council chairperson and deputy chairperson are elected. Once the works council has taken on these tasks, the work of the election committee is complete.

10. Handling objections

If objections or irregularities arise during the election process, it is the responsibility of the election committee to investigate and, if necessary, remedy them. This is important to ensure that the election is legally sound.

The election committee plays a central and responsible role in the works council election. It ensures that the election runs smoothly, fairly, and in accordance with the law. From the start of the election process to the announcement of the election results, the election committee is responsible for ensuring that the works council election is conducted properly and that the interests of the workforce are adequately represented.

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Yes, both the election committee and the election candidates enjoy special protection against dismissal. Members of the election committee are protected against ordinary dismissal from the time of their appointment until the election results are announced. For election candidates, protection begins when the election proposal is submitted and lasts until six months after the election. This protection is intended to ensure that they can perform their duties or run for office without fear of discrimination or pressure from their employer. However, extraordinary dismissals remain possible in serious cases.

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