German works councils face rising employer interference despite legal protections
Works council members in Germany face growing challenges, with some reporting interference from employers. A recent case in Berlin highlights the issue, as a long-serving representative describes repeated 'attacks' against her role. Despite legal protections under the constitution, few complaints lead to charges under the Works Constitution Act.
Maria, a union member with over 15 years on her company's works council, has endured behaviour she views as deliberate obstruction. Though she has never filed a formal complaint, she believes such actions harm not just her but her colleagues as well.
In Berlin, cases under Section 119 of the Works Constitution Act—covering obstruction of works councils—have risen sharply. Thirteen complaints were lodged in 2025 alone, the highest annual figure yet. Between 2020 and 2025, the city saw 38 cases, with five still active. Brandenburg recorded 41 cases in the same period, but only four were filed last year, and none remain open.
Prosecutors in Berlin have dedicated specialists for these violations, yet charges are rare. Over six years, just one case in Berlin and Brandenburg resulted in formal prosecution. A 2022 example involved a Foot Locker works council member who reported wrongful dismissal and unpaid wages to the Berlin Public Prosecutor's Office.
A nationwide survey by the Hans-Böckler-Stiftung between 2020 and 2022 found that 28% of German companies systematically hindered works council formation. Despite this, legal action remains uncommon.
The low number of prosecutions contrasts with the reported frequency of interference. Works council members like Maria continue to face obstacles, while legal consequences for employers stay minimal. The data suggests a persistent gap between violations and enforcement under the Works Constitution Act.
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