On October 15, 2021, amendments to the Election Regulations for the Implementation of the Works Constitution Act (Wahlordnung or WO) went into effect. As a result, the changes in the Works Council Modernization Act (Betriebsrätemodernisierungsgesetz) of June 18, 2021, have been implemented in the Election Regulations.
As of June 18, 2021, the Works Council Modernization Act—formally known as “The Act to Promote Works Council Elections and Works Council Activities in a Digital Working World”—considerably expanded the options for conducting a simplified election procedure as follows:
A simplified election is mandatory for any company that has 5 to 100 employees who are eligible to vote, provided that employees call for an election (sec. 14a (1) Works Constitution Act (Betriebsverfassungsgesetz or BetrVG)). Previously, this option applied only to companies with previously 5 to 50 employees.
A company that has 101 to 200 employees who are eligible to vote may agree on a simplified election procedure with an election committee (sec. 14a (5) Works Constitution Act – BetrVG). Previously, this option applied only to companies 51 to 100 employees.
The minimum age for exercising the right to vote is reduced from the age of 18 to 16.
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