The works council has the right to be consulted on proposed decisions regarding certain business economic and organisational matters. But what does a sound advice include? And what requirements does an advice have to meet?
The advice thus forms the final piece of the advisory process and, at the same time, the basis for potential proceedings before the Enterprise Chamber.
The law does not prescribe any formal requirements with which the advice has to comply. The works council is therefore free to formulate an advice according to its own views. However, case law does provide a number of points of reference. We strongly advice the works council to take these into account:
To avoid discussions, it can be useful to make arrangements with the entrepreneur before the advice is given, for instance during the consultation meeting. In this way, the conditions that are important to the works council can be negotiated at an early stage and cannot be neglected by the entrepreneur. If any arrangements are made during the consultation meeting, ensure that they are recorded in writing.
When drawing up an advice, the following applies: be clear and precise in the formulation of recommendations, alternatives, and conditions for a proposed decision by the entrepreneur. Ensure a sound substantiation of the advice and, if possible, make good arrangements with the entrepreneur prior to the advisory process. In this way, the advice is more likely to be adopted by the entrepreneur and discussions and lack of clarity are avoided. It will also prevent arguments by the works council that were not fully recorded from being disregarded in proceedings before the Enterprise Chamber.
If you have any questions regarding the above, please contact us!
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