German States Push for Automatic Prosecution of Works Council Obstruction
14.06.2026 - 14:39:25 | boerse-global.de
The Bundesrat took up a resolution on 12 June 2026 that could fundamentally change how employers are punished for interfering with works council elections. Jointly proposed by Lower Saxony and Bremen, the measure calls for making the obstruction of works council activities an Offizialdelikt — an offence that prosecutors must pursue automatically, without waiting for a formal complaint from the affected party.
Under current law, a specific criminal complaint is required before authorities can act. That procedural hurdle, critics argue, allows many violations to go unpunished. The service union ver.di supports the criminal-law change but wants more: dedicated specialised prosecutor units and stronger dismissal protection for employees who initiate works council elections.
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A concrete case from Meckenheim, North Rhine-Westphalia, illustrates the problem. On 12 June, an employee at the Edeka distribution centre was dismissed without notice. The stated reason was time fraud (Arbeitszeitbetrug). Yet the worker had just announced his candidacy for the works council. ver.di sees a direct link. The labour court now must decide whether the firing was lawful. The dismissal came on the same day thousands of steelworkers protested in Berlin and Völklingen against ThyssenKrupp’s planned mass layoffs — a sign of broader labour unrest.
Compensation clarity for works councillors
A separate ruling from the Cologne Regional Labour Court on 13 June brought new certainty about the pay of full-time works council members. The court held that a works agreement may normally set three comparable employees whose salary progression determines the councillor’s remuneration. After one of those comparison persons leaves, the employer cannot unilaterally expand the reference group to a larger number; that requires agreement with the works council. The decision strengthens planning security for elected representatives.
Tariff loyalty law faces criticism over loopholes
Germany’s Federal Tariff Loyalty Act (BTTG), in force since 1 May 2026, aims to require contractors receiving public contracts to pay tariff wages. The Education and Science Union (GEW) now points to major exemptions that undermine the law’s effect. Entire sectors in education are excluded — notably language courses run by the Federal Office for Migration and Refugees and programmes financed through education vouchers. According to a survey, nearly 60 percent of employees support strict tariff loyalty on public contracts. Yet the practical reality, the GEW argues, falls far short of that expectation.
