Submitting a complaint to the works council: how it works

If there are 24 hours in a day and you spend 8 of them at work and 8 sleeping, that means you spend at least half of your waking hours at work... This is one of the reasons why problems at work can be so stressful. Most problems can be solved within the team with enough communication and patience, but some may require outside help, i.e. not directly from your team members or bosses.

Then the works council is there to help you in such cases. It represents the interests of the employees and can help you to resolve conflicts or problems in the company between all levels. In this article, you will find out how to submit a complaint to the works council, when it makes sense to do so and what rights you have.

What is the works council?

The works council is an elected body that represents the interests of employees in a company. Not all companies have a works council; it is set up voluntarily for companies with 5 or more employees. Once established, it ensures that applicable labor laws and company agreements are complied with . The works council has a say in operational decisions (including hiring and firing) and can mediate between employers and employees in conflict situations. 

When should you lodge a complaint with the works council?

You should file a complaint with the works council if you feel that you are being treated unfairly or that your rights at work are being violated. Typical reasons for a complaint to the works council include bullying, discrimination, unpaid wages or breaches of working time regulations. The works council can also take action if you feel that your working environment is putting your health at risk. There are many possibilities here, because even a desk that is not height-adjustable can be a health hazard! It is always advisable to use official information to ensure that your complaint is justified. Information can be obtained, for example, from the baua - Federal Institute for Occupational Safety and Health or the employers' liability insurance associations. 

In general, you can always contact the works council without making a complaint. Employees are trained to resolve conflicts before they arise! Especially if you are currently in your probationary period or are severely disabled and feel uncomfortable, it makes sense to involve the works council as early as possible.
These tips could be helpful for successfully mastering the probationary period and avoiding mistakes right from the start: Avoiding mistakes during the probationary period. 

Procedure of the complaints process

The procedure for lodging a complaint with the works council is usually clearly structured. First, you must contact the works council directly and describe your concerns. This can be done verbally or in writing. The works council will then examine your complaint and decide whether to take action. In many cases, it will try to mediate between you and the employer and find a solution. If this is not possible, the works council can take the issue to the conciliation committee or even initiate legal action.

Your rights when submitting a complaint

As an employee, you have the right to lodge a complaint with the works council at any time without fear of negative consequences. Your employer may not discriminate against you or even dismiss you because of a complaint. The works council is also obliged to treat your complaint confidentially. (But we all know it, the rumor mill is always churning...)

If things escalate and you are worried about being dismissed, these tips for giving notice will help you: Termination tips.

What to do if the works council doesn't help?

In some cases, the works council may not find a solution to your problem or you may not feel sufficiently supported. In this case, you have other options to defend yourself. You can turn to external bodies such as trade unions or labor courts. It is important that you are well informed about your rights and obligations and, if necessary, seek professional support (lawyers, including trade unions).

If you're thinking about changing jobs, this article could help you make the right decision for a successful job change: Job Change Decision Guide.

Find your next job with WorkerHero

The works council can be a valuable source of support if you have a problem at work. It helps you to protect your rights as an employee and mediates in all situations.
However, if your current job no longer suits you, start your new career here: WorkerHero will help you find a new one. Whether you're looking for a job in the gray or blue job market, you'll find helpful tips and the best job offers in Germany to secure your professional future.

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