Right of Advice (Adviesrecht)
The works council's right to be consulted and provide an opinion on significant proposed employer decisions, particularly economic and organizational changes.
Definition
The Right of Advice (Adviesrecht), specified in Article 25 of the Works Council Act, obliges an employer to consult the works council on significant proposed decisions related to the enterprise's economic and organizational structure. This includes major reorganizations, mergers, significant investments, or changes in the distribution of tasks. The employer must provide a written request for advice, detailing the reasons and consequences, and allow the works council sufficient time to formulate its opinion. If the employer deviates from the advice, a written explanation is required, and the works council may appeal to the Enterprise Chamber, ensuring their input is seriously considered.