Legal Advice

for Works Councils

Legal Advice for Works Councils and Committee Members

MAYR helps Works Councils exert influence upon employers’ staff policy and helps protect their rights to co-determination and worker participation. We provide legal advice concerning the negotiation of works agreements, as well as representing clients before Arbitration Committees. We also help protect the rights of employees during restructuring and reorganization.

In collaboration with our clients, we negotiate, draft and enforce collective bargaining agreements for individual companies in a legally secure fashion. Alongside such activity, we aid our clients with strategic preparation and management negotiations.

Trainings

We offer in-house training for members of the Works Council and other staff representatives on the subject of employment law in general, co-determination and the German Works Constitution Act (“Betriebsverfasssungsrecht”).

We have provided inhouse trainings in English and German for international companies such as E.ON, and NGOs such as the Red Cross.

Litigation and Trial

Clients can depend upon us as their legal representative to take care of legal matters in all proceedings before the lower and higher labour courts in all German states as well as in the Federal Labour Court. Every year, we successfully conduct arbitration proceedings involving disputes between employers and their works councils. Additionally, we routinely help clients with appeals before conciliation committees, and the successful enforcement of their claims.
Companies are obliged to bear the costs of litigation
We also assist clients with the filing of pecuniary claims against employers.

Restructuring

In the event of staff cuts, MAYR helps clients protect the rights of their employees, assisting with the negotiation of amicable solutions, including the creation of service or employment companies, or interim employment societies. We also specialise in helping to determine and apply social criteria for terminations, and the negotiation of agreements for reconciliation of interests, while overseeing all necessary formalities.

Social Compensation Plan

When acting on behalf of works councils, MAYR negotiates with employers the necessary agreements for the reconciliation of interests and social compensation plans resulting from changes in business operations, both at a business level and before conciliation committees. In addition, we resolve disputes arising from existing social compensation plans.

Costs

According to §§ 40, 80 Abs. 3 BetrVG, employers are obliged to pay for legal advice on behalf of works councils and committee members. MAYR will help you to comply with all formal requirements while avoiding extra costs for your company.