Bringing Works Council and Management Successfully to the Same Table
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Many managing directors view the works council as a burden to be countered with heavy legal artillery. This perspective is counterproductive. A trust-based cooperation is far more effective than constantly going to labor court.
Constructive cooperation with the works council creates a positive working atmosphere. The works council represents the entire workforce as a body. Close collaboration with it gives employers the opportunity to establish reliable, broadly accepted policies for employees — for example, regarding workplace conduct or how staff interact with one another. Drawing on my experience as an Interim Manager, I follow five rules for success in working productively with the works council:
1. Master the Works Constitution Act
Most works councils are highly knowledgeable in their field — the Works Constitution Act — and have exercised their right to ongoing training for years. They quickly sense whether their counterpart on the employer side is a professional. Subject-matter expertise is therefore the entry ticket to a good working relationship. If this expertise is not available in-house, it must either be developed internally or brought in externally. This is especially true for companies where works councils are being established for the first time. To handle the works council in a de-escalating way, it is essential to build expertise quickly and learn the legally required consensus principle. Since this know-how is rarely available internally, engaging an experienced Human Resources Interim Manager is highly recommended.
2. Inform the Works Council Professionally
Information is a key trust-building measure. The Works Constitution Act requires the works council to be informed in a timely and comprehensive manner in many cases. One example: formal warnings can be issued without involving the works council. However, affected employees typically turn to the works council for support anyway. It's easier to inform them directly from the start and thereby signal a willingness to cooperate. Across my interim management engagements, the works council has repeatedly proven helpful in clarifying matters thanks to its experience.
It's also advisable to address the works council informally before any formal consultation. This provides an opportunity to learn its perspective early and bring it on board. The subsequent formal notification then becomes much easier. Additional questions are avoided, and planned measures can be implemented without delay.
3. Foster Dialogue with the Works Council
The stronger the informal connection between management and the works council, the better the collaboration. The law requires employers and works councils to meet once a month. In my experience as an Interim Manager, however, a focused, brief weekly check-in is usually more effective than a monthly multi-hour marathon session. Management works with the body on smaller packages, learns quickly where issues are arising, and can de-escalate faster. This kind of dialogue at eye level fosters mutual appreciation and a smooth working relationship.
4. Give and Take in Works Council Cooperation
Working with the works council is based on give and take — no different from "big-stakes politics." The art lies in finding compromises acceptable to both sides. Works councils respond positively to open communication, but tangible reciprocity is also part of the equation. An example: in one interim management engagement, the goal was to secure the location of a company in crisis. During negotiations, the company agreed with the works council to introduce limited short-time work. In return, the works council was promised that all apprentices would be retained.
5. Get the Works Council on Board
Those who want employees to support fundamental HR decisions should involve the works council early. In IT companies, for example, continuous employee development is an important competitive factor. The law provides for substantial works council involvement in workplace training measures. As an Interim Manager, I have often seen companies get lost in endless "approval loops." In one IT company, we instead succeeded in establishing a joint training committee made up of representatives from the relevant department, HR, and the works council. This committee received all relevant information, discussed fundamentals together, and developed solutions for contested individual questions.
Conclusion
Timely and comprehensive communication with the works council at eye level is the key to constructive cooperation. As an Interim Manager bringing outside perspective and experience, I can advise and de-escalate — especially in cases where the fronts seem irreconcilably hardened.
Interested? I look forward to hearing from you:
Email jb@hrexpert.de
Mobile (+49) 172 255 3586
