Betriebsrat, representative of Employees
In private companies, where more than 5 people are working, they are allowed to choose a panel of three representatives called Betriebsrat. The Betriebsrat is selected after every four years. Over last few decades the Betriebsrat has evolved as a channel between employers and employees. Numerous agreements are signed between the employers and the Betriebsrat. The election must be conducted by the enterprise without hindering it. Election of the representatives is based on the candidate list. This list can be submitted by representative unions. The employer must display the list of the candidates publicly. Senior executives cannot take part in the elections; they cannot even stand for the voting. Voting is done by all the employees and workers, who are 18 years or older including field or home based workers, and apprentices. Election normally takes place between March and may. A re-election can be done after 2 years if the number of employees is changed by 5- percent either increasing or decreasing. Employees present in the company from last six months can vote.
The members of Betriebsrat are dismissal protected for the time in office plus one year after. Company closing dismissal or any extraordinary dismissal can happen. Making of Betriebsrat is a rule by Industrial Constitution Act. This rule implies both on market sector and non-profit making sector. It promotes the interest both of the company and its workforce. Betriebsrat exists with different names in different countries:
In private companies, where more than 5 people are working, they are allowed to choose a panel of three representatives called Betriebsrat. The Betriebsrat is selected after every four years. Over last few decades the Betriebsrat has evolved as a channel between employers and employees. Numerous agreements are signed between the employers and the Betriebsrat. The election must be conducted by the enterprise without hindering it. Election of the representatives is based on the candidate list. This list can be submitted by representative unions. The employer must display the list of the candidates publicly. Senior executives cannot take part in the elections; they cannot even stand for the voting. Voting is done by all the employees and workers, who are 18 years or older including field or home based workers, and apprentices. Election normally takes place between March and may. A re-election can be done after 2 years if the number of employees is changed by 5- percent either increasing or decreasing. Employees present in the company from last six months can vote.
The members of Betriebsrat are dismissal protected for the time in office plus one year after. Company closing dismissal or any extraordinary dismissal can happen. Making of Betriebsrat is a rule by Industrial Constitution Act. This rule implies both on market sector and non-profit making sector. It promotes the interest both of the company and its workforce. Betriebsrat exists with different names in different countries:
- European Betriebsrat. Responsible for the information and consultation of employees with the central management by written agreement. The council also makes sure that the same piece of information is shared with all the workers in all the countries.
- Betriebsrat in Luxembourg (Comite Mixte). There is no single institution in Luxemburg which can exactly correspond as Betriebsrat. But all the features of Betriebsrat are combined in the system. It started in 1919 to 1921, so called as a short lived institution.
- Betriebsrat in Netherlands (Ondernemingsraad). In Netherlands it is compulsory to make a Betriebsrat by employers who employ 35 or more than 35 employees.
- Betriebsrat in France (Comité d'Entreprise). Compulsory since 1945 in companies with more than 50 employees. The Betriebsrat in France consists of not only the members of workforce but also the head of the enterprise.
- Betriebsrat in Belgium (Conseil d'Entreprise). Introduced in 1948.
