As a works council member "don't shoot at sparrows with cannons"

Created: 03/23/2022, 12:00 p.m

The works councils in the Weilheim-Schongau district will also be re-elected by the end of May.

© Christian Charisius/dpa

INTERVIEW Former ver.di district manager wrote guides for works councils

Weilheim-Schongau

– Works councils will be elected nationwide by the end of May.

The former ver.di district manager Allgäu-Bavarian Oberland, Christian Betz (70), who was also responsible for the Weilheim-Schongau district, has written a guide for new works councils.

We spoke to him about his work "(New) in the works council - and now?" and about the tasks and problems of a works council.

What qualities should a works council have?

It is important that he has backbone, is courageous and can also be diplomatic.

Has the situation for works councils improved or deteriorated over the past decades?

The situation in small and medium-sized companies has become more difficult.

In large companies, acceptance by entrepreneurs has increased significantly.

This makes the work of a works council much easier.

Christian Betz: Author and trade unionist from Kempten.

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Where is the greatest potential for conflict between the works council and the employer?

In the areas of "working hours", "overtime" and in covering gaps in the event of short-term absences from work.

This often depends on the size of the company.

In the case of overtime, for example, it is only allowed to be worked with the consent of the works council.

If he says “no”, then there is no overtime either.

The employer can still call the arbitration board.

But it takes at least four weeks before a decision is made, and then the overtime is usually no longer needed.

There are already countless guides for new works councils, why did you write another one?

I wanted to write a guide that was easy to read, with no legal frills.

A layman can hardly understand the Works Constitution Act.

Could you explain the idea behind your book with an example?

Of course: the employer wants to transfer an employee internally.

The works council then has three options for expressing itself: it can agree, express concerns or reject the transfer.

If the answer is no, the transfer cannot be carried out, even if something else is stated in the employee's employment contract.

The right of the works council outweighs the contractual agreement.

You also write about “tactical options for the works council”, what are those, for example?

You shouldn't shoot at sparrows with cannons when there's trouble.

You should proceed step by step: First, the works council should hold a meeting with the employer.

If this does not help, he should write a polite letter asking for changes.

This is followed by a legal letter threatening action.

If you keep this order, the works council also has better arguments before the labor court and often the labor judge on its side.

Why are there comparatively few works councils in the companies in the district?

Quite simply: Because the employers don't want it.

If there is a works council, the employer's right of direction ends.

He can no longer decide alone.

On the other hand, around 80 percent of the companies in this country are no longer in the collective bargaining association.

In addition, the solidarity between the employees in the companies is unfortunately not as pronounced as it used to be.

Johannes Thoma conducted the interview