Rights & Remedies

Mitbestimmungsrecht

The right of works councils to participate in and jointly decide on employer decisions.

Definition

Mitbestimmungsrecht refers to the co-determination rights granted to works councils under the German Works Constitution Act (BetrVG). These rights empower works councils to participate in employer decisions on a range of matters, from social affairs (e.g., working hours, remuneration principles) to personnel and economic issues. Depending on the specific matter, co-determination can range from a right to information and consultation to a full right of veto, requiring the employer to obtain the works council's consent or a decision from a conciliation committee before implementing a measure.