Works Council Elections 2026

The 2026 works council elections

Regular works council elections take place in Germany every four years in the period from 1 March to 31 May (§ 13(1) Works Constitution Act). The 2026 round of works council elections was therefore held between 1 March and 31 May 2026, and the new works councils' four-year term of office will generally run until 31 May 2030 (§ 21 of the Works Constitution Act, Betriebsverfassungsgesetz, BetrVG). For employers, the elections determine who they will negotiate with on working time, remuneration systems, IT tools, restructurings and dismissals for the next four years.

Although the regular election period is over, the rules remain relevant. Elections outside the regular period are required in several cases, for example where an establishment has no works council, where the headcount has changed significantly, or where an election has been successfully challenged. Employers also need to manage the consequences of the 2026 round, such as the special dismissal protection of candidates and election committee members, the constitution of new councils and committees, and possible disputes over the validity of the elections.

Who can vote and stand for election

A works council is elected in establishments with, as a rule, at least five permanent employees entitled to vote, three of whom are eligible for election (§ 1(1) BetrVG). All employees of the establishment who are at least 16 years old are entitled to vote, and temporary agency workers can vote if they are deployed in the establishment for more than three months (§ 7 BetrVG). Employees are eligible for election if they are at least 18 years old and have belonged to the establishment for six months (§ 8 BetrVG). Executive staff (leitende Angestellte) are excluded and are represented by separate committees.

The size of the works council depends on the number of employees, from a single member in establishments with 5 to 20 employees entitled to vote, to 35 members in establishments with 7,001 to 9,000 employees, plus two further members for each additional 3,000 employees (§ 9 BetrVG). Determining the number of employees "as a rule" and correctly classifying executive staff, agency workers and employees in shared establishments are frequent sources of error in works council elections.

The election procedure

The election is organised by an election committee (Wahlvorstand), not by the employer. In an establishment with an existing works council, the council must appoint an election committee of three employees entitled to vote no later than ten weeks before the end of its term; if there is no committee eight weeks before the end of the term, the labour court appoints one on application (§ 16 BetrVG). In establishments without a works council, the committee can be elected at a works meeting convened by three employees or a trade union represented in the establishment.

The election is secret and direct. As a rule, it follows the principles of proportional representation on the basis of competing lists, but majority voting applies where only one list is submitted or the simplified procedure is used (§ 14 BetrVG). Lists can be proposed by employees entitled to vote and by trade unions represented in the establishment; employee proposals in establishments with more than 20 employees must be signed by a minimum number of colleagues. The detailed procedure, including deadlines for the electoral register, objections, nominations and postal voting, is set out in the Election Regulations (Wahlordnung).

The simplified procedure for small establishments

In establishments with, as a rule, five to 100 employees entitled to vote, the works council is elected in a simplified procedure (§ 14a BetrVG). In the two-stage version, an election committee is elected at a first election meeting, and the works council is elected by secret ballot at a second meeting one week later. Nominations can be made until the end of the first meeting.

If the election committee has been appointed by an existing works council, a central works council or the labour court, the election takes place at a single meeting. In establishments with 101 to 200 employees entitled to vote, the election committee and the employer may agree to use the simplified procedure.

Executive staff committees and youth representation

Works council elections are not the only employee representation elections employers need to plan for. Regular elections of executive staff committees (Sprecherausschüsse) must be initiated at the same time as the regular works council elections (§ 13(1) BetrVG), so that the classification of employees as executive staff can be clarified consistently in both procedures. Where the boundary is disputed, an agreed allocation procedure can avoid later challenges to either election.

In establishments with, as a rule, at least five employees under 18 or employed for vocational training, a youth and trainee representation (Jugend- und Auszubildendenvertretung) is elected (§ 60 BetrVG). Its regular elections take place every two years in the period from 1 October to 30 November, and its term is two years (§ 64 BetrVG). The youth and trainee representation works through the works council, but its members enjoy similar protection, and employers with large trainee programmes should include these elections in their planning.

The employer's role: support, costs and neutrality

The employer has no right to organise or control the works council elections, but it must support them. It must provide the election committee with the information needed to draw up the electoral register, such as lists of employees, and make premises and material available. The costs of the election are borne by the employer, and working time missed to vote or to serve on the election committee does not reduce pay (§ 20(3) BetrVG).

At the same time, the employer must remain neutral. Nobody may obstruct the election or restrict employees in exercising their right to vote or stand, and nobody may influence the election by inflicting or threatening disadvantages or by granting or promising advantages (§ 20(1), (2) BetrVG). Obstructing or improperly influencing a works council election is a criminal offence punishable by up to one year's imprisonment or a fine (§ 119(1) no. 1 BetrVG). Employers should therefore be cautious with campaign-like communications, support for particular lists, or changes to working conditions timed around the election.

Protection of candidates and election committee members

Members of the election committee are protected against ordinary dismissal from their appointment, and candidates from the time their nomination is drawn up, until the announcement of the election result; dismissal for cause requires the consent of the works council under § 103 BetrVG or a court decision replacing it (§ 15(3) Dismissal Protection Act). For six months after the announcement of the result, ordinary dismissal remains excluded. Employees who invite others to an election meeting or apply for the appointment of an election committee also enjoy protection (§ 15(3a) KSchG). Elected works council members are protected during their term and for one year afterwards.

Following the 2026 works council elections, unsuccessful candidates therefore remain protected against ordinary dismissal until six months after the result was announced; for results announced between March and early June 2026, this protection expires between September and early December 2026. Employers planning restructurings should take this protection into account in their timetables and selection processes.

Challenging works council elections

An election can be challenged before the labour court if essential provisions on the right to vote, eligibility or the election procedure have been infringed and not corrected, unless the infringement could not have changed or influenced the result (§ 19(1) BetrVG).

The challenge may be brought by at least three employees entitled to vote, a trade union represented in the establishment or the employer, within two weeks of the announcement of the result (§ 19(2) BetrVG). Employees can only base a challenge on an incorrect electoral register if they previously objected to it, and the employer cannot rely on errors in the register that are based on its own information.

If the challenge succeeds, the works council remains in office until the court decision becomes final and a new election must then be held (§ 13(2) no. 4 BetrVG). In exceptional cases of particularly gross and obvious violations, the election may be void from the outset, which can be asserted at any time. Common grounds for challenges include an incorrect concept of the establishment, errors in the number of seats, the misclassification of executive staff and breaches of the rules on postal voting.

After the elections: constitution and out-of-cycle elections

After the election, the new works council elects its chair and deputy and, in larger establishments, a works committee. Employers should update their records of works council members, review existing works agreements and plan training and resources for new members. Where a company has several establishments, the new councils send members to the central works council and, in groups, the group works council. For more on the rights and duties of the bodies elected in the 2026 works council elections, see our pages on works councils and co-determination.

Elections outside the regular period must be held if, 24 months after the election, the number of regular employees has risen or fallen by half and at least 50, if the number of members falls below the required size after all substitutes have stepped in, if the works council resigns, if the election was successfully challenged, if the council was dissolved by court order or if no works council exists (§ 13(2) BetrVG).

A council elected out of cycle is newly elected in the next regular period, subject to rules for councils elected shortly before it. Topics such as AI tools and works council rights will be on the agenda of many new councils.

How TRW & Co helps

We advise employers on works council elections, from defining the establishment and the number of seats to supporting the election committee, ensuring neutrality and managing the protection of candidates. We review elections for errors, represent employers in challenge proceedings and advise on the constitution of new works councils and the agenda for the coming term, including works agreements on remuneration and technology. This page is general information, not legal advice. To discuss a matter, please contact us.