Works council
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The works council is a body in a business or an organization that is made up of employees and management. It is responsible for representing the collective interests of employees and is often consulted by management on issues that affect the workplace. The works council is responsible for negotiating collective agreements and representing employees in matters such as working conditions, wages, and other industrial relations.
The works council is established to ensure that the interests of employees are protected and that they are given a voice in the workplace. This is done by allowing the works council to work closely with management, allowing them to have a say in decision making and ensuring that their views are taken into account. This can involve anything from setting rules and regulations in the workplace to negotiating collective agreements.
The works council is also responsible for representing the interests of employees in matters of health and safety, and for ensuring that their rights are respected. They can be consulted on matters such as working hours, holidays, and overtime.
In addition, the works council is responsible for providing advice and guidance to management on a range of topics, such as dispute resolution, labor law, and collective bargaining. They are also involved in the recruitment and training of new staff.
In summary, the works council is a body made up of both employees and management that is responsible for representing the collective interests of employees and being consulted by management on issues that affect the workplace. They are responsible for negotiating collective agreements, representing employees in matters such as working conditions and wages, providing advice and guidance to management on a range of topics and being involved in the recruitment and training of new staff.
Example of Works council
The works council is a body in a business or an organization that is made up of employees and management. It is responsible for representing the collective interests of employees and is often consulted by management on issues that affect the workplace. One example of a works council is the Works Council in Germany, which is established by the Works Constitution Act (Betriebsverfassungsgesetz). This act legislates certain rights for workers in Germany, including the right to be represented in the workplace by a works council.
The main role of the German Works Council is to protect the interests of employees and ensure that their rights are respected. This is done through their involvement in decision making, negotiating collective agreements, and representing employees in matters such as working conditions and wages. The German Works Council also has the authority to issue advice and guidance on matters such as dispute resolution, labor law, and collective bargaining.
When to use Works council
The works council is primarily used in situations where employees need representation and have a right to have their voices heard. This could include situations such as collective bargaining, setting up regulations in the workplace, negotiating working hours, holidays and overtime, and resolving disputes between employees and management. It is also used to ensure that employees are given a say in decision making and that their rights are respected.
Types of Works council
There are three main types of works council: consultative, representative, and collective.
- Consultative works councils are established to allow for discussion and consultation between management and employees. They are not legally binding and are used to inform management of employee opinion and to negotiate agreements on matters like working conditions and wages.
- Representative works councils are similar to consultative works councils, but they are legally binding and are used to negotiate collective agreements with management. They are responsible for representing employees in matters such as working conditions, wages, and other industrial relations.
- Collective works councils are more powerful than consultative and representative works councils. They are legally binding and are responsible for negotiating collective agreements with management on a range of matters, such as wages, holidays, working hours, and overtime.
Tasks of Works council
- Step One: Establishing the Works Council: The first step in establishing a works council is to identify the members of the council. This can include both management and employees and should be done in accordance with the laws and regulations of the specific country or region. This can involve anything from setting the rules and regulations of the workplace to appointing a chairperson for the council.
- Step Two: Negotiating Collective Agreements: Once the works council is established, the next step is to negotiate collective agreements. This involves the works council working with management to come to an agreement on topics such as wages, working conditions, and other industrial relations. This is done to ensure that the interests of both management and employees are taken into account.
- Step Three: Representing Employees: The works council is also responsible for representing the interests of employees in matters of health and safety, and for ensuring that their rights are respected. This can include anything from consulting on matters such as working hours and holidays to representing employees in disputes.
- Step Four: Providing Advice and Guidance: The works council is also responsible for providing advice and guidance to management on a range of topics, such as dispute resolution, labor law, and collective bargaining. They are also involved in the recruitment and training of new staff.
Advantages of Works council
The advantages of having a works council are numerous. Firstly, it allows employees to have a direct say in the decisions that are made in the workplace, which ensures that their interests are taken into account. Secondly, it gives employees a platform to voice their concerns and opinions in a safe and secure environment. Thirdly, it allows for open dialogue between management and employees, which can help to create a more harmonious working environment. Lastly, it can help to improve the overall morale and productivity of the workplace, as employees feel that their opinions are being taken seriously by management.
Limitations of Works council
The works council is limited in its ability to represent the interests of employees and to make decisions on their behalf. This is because, while the works council may be consulted on matters such as working conditions and wages, the final decisions on these matters are made by management. Furthermore, the works council is not legally empowered to impose sanctions or take legal action against management on behalf of employees.
The works council is also limited in its ability to influence the decision-making process of management, as it only has a consultative role. As such, the works council is not able to make binding decisions or to impose its own decisions on management.
There are also other approaches related to the works council which can be beneficial for both employees and employers. These approaches include:
- Co-determination: This is a form of workplace democracy where both employees and employers have an equal say in decision making. This can be done through the works council or in other forms such as a joint council or a works committee.
- Employee participation: This is an approach where employees are actively involved in decision making. This can involve anything from providing feedback on policies and procedures to taking part in decision making meetings.
- Works council meetings: These are meetings between the works council and management to discuss issues that affect the workplace. These meetings can be used to discuss a range of topics such as working conditions, wages, and other industrial relations.
In summary, there are other approaches related to the works council which can be beneficial for both employees and employers. These approaches include co-determination, employee participation, and works council meetings. All of these approaches are designed to ensure that employees have a voice in the workplace and that their interests are taken into account.
Suggested literature
- Mohrenweiser, J., Marginson, P., & Backes-Gellner, U. (2012). What triggers the establishment of a works council?. Economic and Industrial Democracy, 33(2), 295-316.
- Freeman, R. B., & Lazear, E. P. (1995). An economic analysis of works councils. In Works councils: Consultation, representation, and cooperation in industrial relations (pp. 27-52). University of Chicago Press.
