Works Council & Staff Council — Training, Coaching & Consulting

Works councils and staff councils bear an enormous responsibility – they represent the interests of the workforce on matters that directly affect daily working life. From protection against dismissal and working time arrangements to social plans: the employment law requirements for committee work are complex and subject to constant change due to new case law and legislation.

Solicitor Martin Reichelt offers Practical training and individual coaching to works councils and staff councils in Dresden and nationwide. As an experienced labour lawyer, he not only imparts theoretical knowledge but also provides concrete recommendations for action for the daily work of the committees – understandable, structured, and directly applicable.

Why labour law training is mandatory for works councils

The Works Constitution Act (BetrVG) provides for § 37, subsection 6 expressly states that works council members are entitled to training courses that are necessary for their work. The employer is obliged to bear the costs and to release the members from their duties for the duration of the training. This includes:

• Foundational training for works council members – indispensable for newly elected works council members
• Specialist training in employment law Protection against dismissal, working time law, operational changes
• Basic economic knowledge in accordance with Section 37, Paragraph 6 of the Works Constitution Act for members of the Economic Affairs Committee
• Data protection training — particularly when introducing new IT systems (co-determination under Section 87 (1) No. 6)

Practical tip: The entitlement to training exists irrespective of the size of the company. Works council members are also entitled to necessary training in smaller companies with fewer than 200 employees – the employer may not refuse this.

Training Topics at a Glance

Fundamentals of Works Council Work

Lawyer Reichelt offers introductory training sessions for newly elected committees and individual members, covering all essential aspects of works council activities:

• Rights and duties of the works council under the German Works Constitution Act (BetrVG)
• Co-determination rights in social, personnel, and economic matters
• Works Meetings — Convening, Conducting and Minutes
• Works council management — meetings, resolutions and release from work
• Working with the Employer — Negotiation, Conciliation and Conflict Resolution

Protection against dismissal and works council consultation

Every termination in a company with a works council requires prior consultation with the works council in accordance with § 102 of the Works Constitution Act. Errors in the hearing render the dismissal invalid. In training, works councils learn:

• Inspection schedule for works council consultation — what information must the employer provide?
• Deadlines and formal requirements — when and how must the works council react?
• Right of objection pursuant to Section 102 (3) BetrVG — Prerequisites and practical implementation
• Special protection against dismissal for works council members according to § 15 of the Dismissal Protection Act
• Current Federal Labour Court case law on typical procedural errors

Business changes and social plan

With Changes to operations The works council has extensive co-determination rights in the event of - for example - site closures, staff reductions or restructurings (§ 111 BetrVG). The training covers:

• Balancing of interests and social plan — negotiation strategy and minimum content
• Compensation for Disadvantages in the Absence of Works Council Participation (§ 113 BetrVG)
• Transfer and holding companies — possibilities and limitations
• Notification of Mass Redundancy under Section 17 of the German Protection Against Dismissal Act — Formal Requirements

Working time arrangements and co-determination

The working hours are among the core areas of co-determination according to § 87(1) nos. 2 and 3 of the Works Constitution Act. Training Topics:

• Co-determination regarding the commencement, cessation, and distribution of working hours
• Overtime arrangements — Order, remuneration and time off in lieu
• Flexible working time models - flextime, trust-based working hours, shift work
• Home office and mobile working — labour law framework after the pandemic
• Working time recording — current case law of the Federal Labour Court and the European Court of Justice

Staff council training in the public sector

For Staff councils The respective staff representation laws of the Länder and the Federal Government (BPersVG, SächsPersVG) apply. The training offerings include:

• Fundamentals of Staff Representation Law — Tasks, Rights, and Obligations
• Co-determination and participation — differentiation and practical application
• Special features of civil service law - transfer, secondment and disciplinary measures
• Staff representation and Works Council — cooperation and responsibilities
• Service agreements — Negotiation, conclusion and termination

Individual coaching for works' council chairs

Besides group training sessions, lawyer Reichelt offers Individual coaching specifically for works council chairmen and personal council chairmen. The focus is on:

• Strategic committee work — Setting priorities, annual planning, organising committee work
• Negotiation skills — Techniques for discussions with management and at conciliation boards
• Conflict management – Dealing with difficult employers and internal board conflicts
• Works agreements — Draft, negotiation and legally sound wording
• Legal protection — avoid personal liability, confidentiality and data protection

Training Formats and Procedure

Format	Duration	Ideal for
In-house seminar	1 day (6–8 hrs)	Basic Training for New Works Council Members
In-house compact seminar	2 days	Advanced Topics (Protection against dismissal, social compensation plan)
One-to-one coaching	2–3 hours	BR Chairperson, specific case consultation
Online seminar	Half-day (3–4 hrs.)	Concise knowledge on individual topics
Accompanying coaching	Continuously	Long-term support for the committee

All training courses will be individually tailored to the needs of your board tailored. Lawyer Reichelt will analyse the specific challenges in your company beforehand and adapt the content, examples and focus accordingly.

Employer's assumption of costs

The employer bears the costs of training for works councils (§ 40(1) Works Constitution Act). This includes:

• Seminar fees and speaker's fee
• Travel expenses and any overnight accommodation costs
• Exemption with continued payment of remuneration

The works council must duly approve participation in the training. Lawyer Reichelt will support you with the legally sound decision-making and issues a training needs confirmation upon request, documenting the necessity to the employer.

Your lawyer for works council training in Dresden

Solicitor Martin Reichelt connects Sound labour law expertise with many years of practical experience in advising works councils and staff councils. As an aspiring specialist lawyer for employment law, he knows both the employer and employee sides and imparts this knowledge in an understandable, practice-oriented manner.

Whether in Dresden, Saxony or nationwide — training courses and coaching are conducted as in-house events directly at your company or as online seminars.

This article is for general information only and does not constitute individual legal advice. For an assessment specific to your case, please arrange Consultation appointment with lawyer Martin Reichelt.