What can the works council do if the directors have not asked for advice?

In the event the director takes a decision subject to consultation without the advice of the works council, the works council can appeal to the Enterprise Court. For this, representation by a lawyer is required. The Enterprise Court will then assess whether the decision is ‘manifestly unreasonable’. This will usually be the case if the works council has not been consulted. The Enterprise Chamber may then order the director to withdraw the decision in whole or in part and eliminate the effects of the decision. In addition, the Enterprise Court can prohibit the director from implementing the decision.

What if a director is of the opinion that a decision does not require consultation but the works council thinks differently? If the decision has not been taken yet, the works council can commence proceedings before the subdistrict court to enforce consultation. The subdistrict court will decide whether or not the decision requires consultation. If the decision has already been taken, the works council can start proceedings before the Enterprise Court.