The clever works council knows what to do …

This is what it’s all about: Even the best works council can’t know everything … that’s why they can have an expert Experts call in … and effectively help colleagues in the company!

The works council’s right to consult an expert is regulated in Section 80 (3) BetrVG. According to this, the works council can carry out its tasks after further agreement with the employer expert consult insofar as this is necessary for the proper performance of its tasks. Important: The assignment must relate to specific questions. Calling in an expert is not intended to provide the works council with general knowledge in advance – this is the task of the training courses in accordance with Section 37 (6) BetrVG.

Required is called in if the works council cannot properly carry out its duties without expert advice. So it has to be difficult or complex questions, for example in legal, technical, actuarial or business management respects. But also problems related to the preparation of Balance of interests and social plan can be included.

The employer cannot refuse the assignment on the grounds that the works council itself can be trained on this topic. Training According to Section 37 (6) BetrVG, the general knowledge that is necessary for works council work is to be imparted. The provision of special specialist knowledge for solving a specific problem should be made available to the works council through the consultation of an expert.

Expert can be any person who has the knowledge required in a specific case and communicates this to the works council – be it verbally or through a written statement. We are in labor and works constitution law specialized lawyers and can therefore be called in as an expert in accordance with Section 80 (3) BetrVG. We negotiate with the employer and thus support the works council. We make sure that Works agreements be completed, if necessary with the help of a Arbitration board and enforce the rights of the works council and the workforce!

Before the commissioning, the subject, the person of the expert and the expected costs must be defined in an agreement. If the employer refuses such an agreement, the works council can obtain the lack of consent through a labor court decision have it replaced.

To commission the expert, a proper Works council resolution required. Contact us, we will help and advise the operating committee every step of the way.

Thilo Allwardt
Lawyer and specialist lawyer for labor law
Gelnhausen and Frankfurt / Main

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