The works council has two important rights under the law: the right of consent and the right to advise.
At the employer’s request, the works council considers policy proposals that are subject to consent or advice requirements. However, the works council can also approach the employer itself to place developments that are relevant to the company and its employees on the agenda. To do so, the works council can make use of its right of initiative and right to information.
The works council has a statutory duty of care, as it is called, with the aim of ensuring that certain themes within the company are properly addressed. Article 28 of the Works Councils Act mentions, among other things, care for the environment and climate, working conditions, working and rest times, and the promotion of equal treatment. The works council may therefore explicitly involve itself in these subjects by requesting information from the employer about them. The works council can also actively promote these subjects by placing them on the agenda through its statutory right of initiative.
In 2026, for example, themes such as sustainability, sustainable employability and equal pay for men and women are current social themes that the works council can also place on the company agenda. On these subjects, for which it has a duty of care, the works council can also consult its constituency, for example through a survey, under article 17 of the Works Councils Act.
The right of initiative, under article 23 paragraph 3 of the Works Councils Act, and the right to information, under article 31 of the Works Councils Act, are important tools for the works council to place subjects on the company agenda, including those for which it has an explicit duty of care. This is not without obligation for the employer. The employer must respond with reasons to topics raised through the right of initiative or right to information that concern the company. Ultimately, the works council can even go to court, or at least threaten to do so, if the employer refuses to provide information that is important for carrying out the works council’s duty of care. Through the right of initiative, the works council can even place broader topics on the agenda. Think of workload, a current theme in relation to burnout, sickness absence and the tight labour market.
In addition to the rights of advice and consent, the works council can also proactively work on important topics for the company on the basis of its statutory duty to promote and care for these matters. The statutory right of initiative and right to information make this possible. In this way, the works council also shows the employees what it is working on, and shows the employer which topics the works council considers important and how it views them.
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