Das Betriebsverfassungsgesetz im Jahr 2016 – Mitbestimmungslücken und Reformbedarfe

Although the Works Constitution Act (BetrVG) assumes that a works council is elected in those companies with at least 5 employees, co-determination at the shop floor is being pushed into a defensive position: of those companies in Germany eligible for a works council, only one out of ten actually have one. Works councils are faced with significant challenges in areas such as economy, work organisation and changes in industrial law, as well as globalisation, flexibilisation and digitalisation. With current instruments of works constitution law, works councils are able to master these challenges only to a limited degree because of the lack of necessary co-determination rights. Legislation is thus challenged, through a reform of the Works Constitution Act to enable co-determination in a timely way, to promote the formation of works councils and to provide works councils with the necessary tools to make it possible within the company to contribute to the design of working conditions that is in the interests of the workforce and co-determination.