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What are the implications of the German Federal Labour Court's decision on the voting rights of matrix managers in matrix organisations?
Matrix structures are widespread in the modern working world. In matrix organisations, employees and executives from different establishments and/or group companies work together across traditional establishment or corporate boundaries.
Matrix organisations raise numerous legal questions, not least from the perspective of employment law. A lot of questions revolve around so-called matrix managers, who manage employees of another establishment or company. The German Federal Labour Court (BAG) has made an important decision regarding these managers (decision dated 22 May 2025 – 7 ABR 28/24) and has now also published its reasons. It concerns matrix managers' active voting rights. The decision is of great importance in view of the works council elections scheduled for spring 2026, as it affects, among other things, how the voters' lists are drawn up, preparations for which have already begun in many establishments. However, it extends far beyond the works council elections.
Matrix managers' right to vote in works council elections: The Higher Labour Courts' inconsistent case law
All employees of an establishment who are 16 years of age or over and are not top executive staff have voting rights in a works council election. The same is true for temporary agency workers if they are assigned to the establishment for more...
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