The entrepreneur and the works council must meet each other at least twice a year to discuss company issues. How can the works council ensure effective consultation?
At least twice a year, a consultation meeting must take place, where the general operation of the enterprise will be discussed (Article 24 of the Works Councils Act, hereinafter: “WCA”). The entrepreneur, works council and – where appropriate – supervisory directors will attend the consultation meetings. How do you, as a works council, arrange an effective consultation meeting?
A consultation meeting can take place upon request by the entrepreneur or the works council (Article 23 of the WCA). They are jointly responsible for holding a consultation meeting. The agenda contains the subjects communicated by the entrepreneur or the works council to the secretary of the meeting (usually the works council’s secretary).
Which subjects are discussed in a consultation meeting regarding the general operation?
The importance of these consultation meetings therefore consists in looking back on the previous period, discussing broad outlines and, as an entrepreneur and works council, jointly looking ahead.
The lack of a concrete agenda or not providing the works council with information prior to the consultation, often leads to a monologue of the entrepreneur during the consultation meeting. There are a number of ways for the works council to prevent this and to initiate dialogue instead:
At the end of the consultation meeting, draw joint conclusions and make sound follow-up agreements about how the works council will be involved in the future. It is recommended that minutes be drawn up during the consultation meeting, so that it can be followed up later. In addition, a short report of the consultation meeting has to be drawn up for the company’s employees. This report of the consultation meeting requires the approval of the entrepreneur and the works council.
It is useful for all parties concerned to have an efficient and effective consultation meeting. Each discussion partner has his own role and responsibility. By starting the dialogue, broad support for the entrepreneur’s policy can be ensured, where all interests are taken into account. The works council can ensure in different ways that there is an effective consultation meeting. For example, the works council can contribute to the agenda, request this agenda in advance and prepare for the agenda items, prepare own proposals and raise ideas during the meeting.
For substantive discussions with the entrepreneur, also read our 7 tips for works councils to be taken seriously by entrepreneurs.
If you have any questions regarding the aforementioned, please do not hesitate to contact us!
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