Module 124 min2697 wordsFree — no account
When a works council comes into being, how large it becomes and what it costs
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 205 words · 2 min
Practical case
How large will the bakery's works council be?
A bakery GmbH regularly employs 16 full-time staff, six sales assistants working twelve hours a week each and three apprentices, two aged 17 and one aged 15. There is also the managing director and an agency worker who has been working in the bakehouse for five months. The workforce wants to elect a works council. How many employees are entitled to vote, and how many members will the works council have?
Hint: Count heads, check the minimum age in section 7, leave out the managing director under section 5(2) and check the agency worker's length of deployment.
Show the solution
The 16 full-timers and the six sales assistants each count in full, because the Act knows no weighting by hours: 22. The two 17-year-old apprentices may vote, the 15-year-old may not: 24. As a member of the governing body, the managing director is not an employee. The agency worker has been deployed for more than three months and may vote but not stand: 25 voters. Under section 9 the establishment falls in the step of 21 to 50 employees entitled to vote. As it has fewer than 100 voters, the simplified procedure applies.
Answer: 25 voters, a works council of 3 members
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