Works council elections 2026: How to prepare within your company

Regular works council elections will be held throughout Germany between March 1, 2026, and May 31, 2026. The German Works Constitution Act (BetrVG) and the associated Election Regulations (WO) contain complex provisions on the election procedure that are quite challenging to comply with. It is time for employers to familiarize themselves with the wide range of legal requirements. 

It is primarily the responsibility of the election committees to conduct the procedure properly. However, employers should also check carefully whether the election is being conducted correctly and point out any errors to the election committee in order to avoid the election being declared invalid or contestable. An invalid election or contestation proceedings lead to increased costs and are time-consuming because the election may have to be repeated.  

In the future, we will regularly inform you about stumbling blocks that can lead to errors in the election. In this first article, we are first of all highlighting the employer's obligations with regard to the works council election and describing the possibility of contesting the election in more detail. 

The employer has the following obligations during works council elections 

Companies must bear material costs and grant paid leave to employees 

First of all, the employer is obliged to bear all costs of the works council election. This includes, on the one hand, the necessary material costs, e.g., costs for office supplies, ballot boxes, or suitable rooms made available for the election. The obligation to bear the costs arises from Art. 20 (3) sentence 1 BetrVG. 

Furthermore, both the election committee preparing the works council election and all other employees exercising their right to vote must be released from work with continued payment of their salary. The employer must also provide the necessary employee data. 

Employees involved enjoy special protection against dismissal 

A works council election means that the employer must observe special protection against dismissal for employees involved in the election: for example, election committees enjoy special protection against dismissal during the preparation of the election and for six months after the election results are announced. 

During this period, no ordinary termination is permitted. Extraordinary termination is only possible if there is good cause and also requires the works council’s consent, Art. 103 BetrVG. However, employees merely taking the initiative to establish a works council and performing preparatory work for this purpose also enjoy special protection against dismissal until the election results are announced. Accordingly, employees inviting others to a works meeting to elect an election committee are also temporarily protected from dismissal. This provision in Art. 15 (3a) of the German Employment Protection Act (“KSchG”) was incorporated into the law by the so-called “Works Council Modernization Act” on June 18, 2021. 

Employers are bound by the principle of neutrality – exerting influence constitutes grounds for contesting the election and may even lead to criminal liability 

The employer should remain neutral during the election; attempts to influence the outcome may lead to the election being contested and may even constitute a criminal offense, Art. 119 (1) No. 1 BetrVG. However, not every intervention by the employer constitutes interference in the election. Not every critical comment about a candidate is a violation of the duty of neutrality. The situation is different when it comes to spreading untrue allegations about a candidate. 

In any case, employers are permitted to encourage certain employees to stand for election. However, they are not allowed to promise them any advantages. As a general rule, caution is advised, as openly showing sympathy for certain candidates may result in them not being elected. 

In the event of violations, the election results can be contested within two weeks 

If the election violated essential provisions governing voting rights, eligibility, or the election procedure, and if there is a possible chance that these violations altered or influenced the election result, the election result may be contested within two weeks of its announcement, Art. 19 BetrVG. 

The employer itself, a trade union represented in the company, or three employees eligible to vote are entitled to contest the election. A contestation leads to a new election or, if possible, to the correction of the error. 

It is extremely rare for an election to be declared invalid if there is not even the appearance of a proper election. This can be asserted by anyone, e.g., if a works council is “elected by acclamation” without the procedure laid down by law being followed. 

In the next article, we will discuss the issue of “establishments,” particularly in matrix structures.