The Works Council (Betriebsrat): A Body That Can Protect Your Job

Germany’s works council (Betriebsrat) is nothing like a union or HR department. It has real legal powers – including the ability to make your dismissal invalid. Here’s how it works.

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A body you’ve probably never heard of, that might save your job.

If you come from the UK, the US, Australia, or most other English-speaking countries, you don’t have a frame of reference for the Betriebsrat. It’s not a trade union. It’s not HR. It’s not management-side.

It’s an elected employee representative body, created by law, with genuine legal powers. And it plays a direct role in whether your dismissal is valid.

What is the Betriebsrat?

In any German company with five or more permanent employees, the workforce has the right to elect a works council. In practice, most mid-sized and larger companies have one. The members are your colleagues, elected, not appointed.

The works council has consultation and co-determination rights across a wide range of issues: working hours, overtime, bonus systems, social facilities, internal hiring criteria. For dismissals specifically, it has a statutory right to be consulted before every termination.

Why does this matter for your dismissal?

Before your employer could dismiss you, they were legally required to inform the works council in writing, with full details of the reason, your personal circumstances, and the type of dismissal intended. The works council then had a set period to respond (one week for ordinary dismissals, three days for summary dismissals).

If the works council wasn’t consulted at all, or if the information provided was incomplete or incorrect, the dismissal is invalid. Courts are strict about this. A recent case (ArbG Bochum, 2026) saw three dismissals overturned because the employer hadn’t told the works council that the employee was entitled to work from home 60% of the time, a detail directly relevant to the misconduct alleged.

What the works council can and can’t do

The works council can raise objections to a dismissal. If it does, you have an additional right: you can request to remain employed until the court has decided your case. That can mean months of continued employment and salary while the legal process runs.

The works council cannot veto a dismissal outright. But a proper objection shifts the legal landscape significantly.

What if there’s no works council?

In smaller companies, or those where no council has been elected, this check simply doesn’t apply. If you’re unsure whether your company has one, ask colleagues or ask the employer directly. Its existence is not a secret.

Practical implications for your case

If your company has a works council, the consultation is one of the first things to check when you receive a dismissal. Employers frequently get this wrong: incomplete information, a rushed process, skipped steps. It’s a fertile ground for challenging a dismissal.

FAQ

Can I contact the works council directly after being dismissed? Yes. The works council represents employees. You can approach them for information, though they can’t give you legal advice.

Does the works council have to agree with the dismissal? No. They have to be properly consulted. Their opinion doesn’t bind the employer, but a defective consultation invalidates the dismissal.

I wasn’t told a works council exists. Is that possible? Yes. Many employees, especially those who joined recently or work in international teams, have no idea a works council exists at their company.

What does a consultation defect mean for my case? It’s potentially a standalone ground to have the dismissal declared invalid, independent of whether the underlying reason was justified.

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