German employers face few consequences for obstructing works councils
Obstructing works council activities is a criminal offence in Germany, yet prosecutions remain rare. Between 2020 and 2025, Berlin and Brandenburg saw a combined total of 79 cases filed under Section 119 of the Works Constitution Act. Despite this, charges were brought in only one instance over the same period.
The law is clear: employers who interfere with the formation or operation of a works council can face criminal charges. This protection was further strengthened in 2021 with the Works Council Modernization Act. Yet, enforcement appears inconsistent.
A 2022 case in Berlin highlights the issue. A Foot Locker employee, also a works council member, filed a criminal complaint over alleged wrongful dismissal and unpaid wages. The Berlin Public Prosecutor's Office received the case, but no charges followed.
Data shows a rising trend in reported violations. Berlin saw 13 cases in 2025 alone—the highest annual figure to date. Brandenburg recorded 41 cases between 2020 and 2025, slightly more than Berlin's 38. Despite this, the Berlin Senate Department of Justice maintains its current staffing levels are sufficient for handling such cases.
The problem extends beyond individual complaints. A nationwide survey by the Hans-Böckler-Stiftung found that 18% of German companies systematically obstructed works council elections between 2020 and 2022. The Federal Ministry of Labor and Social Affairs has condemned such practices as unacceptable.
For long-serving union members like Maria, who has worked on her company's works council for over 15 years, the issue is personal. She describes employer actions against her as deliberate 'attacks'.
While reports of interference with works council activities have increased, prosecutions remain minimal. Only one case led to charges across Berlin and Brandenburg in six years. The gap between reported violations and legal consequences suggests ongoing challenges in enforcing employee protections under the law.
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