Tool 06 · Works council
Does this need the works council?
For management, HR and IT: whether introducing software or an AI system needs the works council’s consent — or whether informing it is enough.
Almost any software employees use produces data showing who did what and when. Under German case law that possibility alone is enough — whether the employer evaluates the data does not matter. Introduce it without consent and the works council can have its use stopped in court, often in summary proceedings. Since 2021, AI systems come with additional rights. Which of them apply to your project, you can clarify here.
How it is assessed. Under the German Works Constitution Act — sec. 87(1) nos. 2 and 6, secs. 90, 94, 95, 111 and sec. 80(3) BetrVG — and the case law of the Federal Labour Court. Two levels: consent required means no introduction without agreement with the works council or a ruling of the conciliation board; inform and consult means in good time, but without a veto. Rule-based AI system, no language model.
Not here: the public sector (staff representation law) and church institutions. And data protection — it applies in addition, though a works agreement can cover it too.
Answer the questions about your project. You will see which rights the works council has, who is responsible and what to do before launch.
The establishment where the system will be used has a works council.Without a works council there is no participation under the BetrVG — even if one could be elected.
Needed next: The establishment where the system will be used has a works council.
Belongs to: Employment Law & Co-determination