With works council elections coming up in 2026, we take a look at the role of the employer in works council elections. This role is characterised by a delicate balance: on the one hand, the employer is obliged to support the election process, but on the other hand, they must strictly observe the neutrality required by law. In particular, the distinction between permissible participation in elections and impermissible influence on elections is often difficult to draw in practice and entails legal risks. The highest court ruling of the Federal Labour Court (BAG) provides a benchmark that can help to classify lawful influence.
The central body of the election is the election committee, which organises, supervises and ensures the election. If the conditions for a works council election are met in the company, the election committee is elected by the existing works council. The election committee initiates the election, draws up the list of voters and announces the election. Once the deadline for submitting nominations has passed, the actual election takes place, either by secret ballot or, in individual cases, by postal vote. After the votes have been counted, the election committee determines the election results and announces them. Finally, the newly elected works council is convened for its constituent meeting.
The employer remains largely uninvolved in the process, but must support the election. To enable the election...
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