Refused in Writing, With Reasons

In a German company with more than twenty employees entitled to vote, the employer needs the works council’s consent before it hires or transfers someone. This is Section 99 of the Works Constitution Act. The works council may refuse. It must do so in writing, within one week, and it must give reasons. The law lists the grounds it may use. If the works council does not refuse within the week, its consent counts as given. A refusal stops the hiring for the time being. The employer can then ask the labor court to replace the missing consent. In this setting, a German no is not the end of the matter. It comes with reasons that a court can examine.

understand-culture
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.