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Legally secure for the 2026 works council elections - with legal support in employment law
Expert article in labor law
Legally secure for the 2026 works council elections – with my support as a labor law attorney.
Preparation for a works council election should begin early—ideally well before the scheduled election date. The legal requirements of the Works Constitution Act (BetrVG) and the Election Regulations (WO) are complex and often difficult to understand for non-lawyers. However, as the election committee, I am obligated to comply with all legal regulations. Even minor formal errors can lead to the election being contested and declared invalid.
A structured process and in-depth knowledge of labor law are therefore crucial for a successful works council election. I support you every step of the way – from initial planning to legally compliant implementation. This minimizes risks and ensures that all formalities are correctly observed.
I've compiled a clear overview of the steps you'll face in the regular election process. Rely on my labor law expertise to ensure your works council election is on a sound legal footing.
Initiate works council elections – legally secure with the support of a lawyer specializing in employment law
The works council election officially begins with the issuance of the election notice by the electoral board. This step marks the start of the regular election procedure: The election notice must contain all legally required information and be posted on a notice board in the company. This provides the workforce with binding information that a works council election is taking place.
Before I publish the election announcement, a crucial legal step is necessary: In consultation with the representatives of the senior management, it must be clarified which employees belong to the group of senior management within the meaning of Section 18a of the Works Constitution Act (BetrVG). Only those who are not considered senior management are allowed to vote or be elected. Only on this basis can I compile the electoral register correctly.
I should allow at least two weeks for the review and allocation process – that's what the law stipulates. I then compile the electoral roll, which includes all eligible and eligible employees. This roll must be publicly posted in the company along with the election notice.
As a labor law attorney, I advise election boards throughout all phases of works council elections and ensure that every step is carried out in a legally compliant manner – from the initiation to the counting of votes. Request a consultation on works council elections now – I will provide you with legal support from the very beginning!
Election notices for the works council election – these contents are required by law.
The election announcement is a key element of the works council election and forms the basis for a legally compliant process. The required information it must contain is legally stipulated in Section 3 of the Election Regulations (WO). As the election committee, I am obligated to provide this information completely and accurately – otherwise, there is a risk of the election being contested.
The most important mandatory information in the election notice includes:
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The number of works council members to be elected
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Specifications for nominations and nomination lists
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Information on the gender quota (minority gender) and all relevant deadlines
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Election day (date of voting)
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Place, date and time of the public vote count
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Information on the possibility of voting by mail
An error-free election announcement is crucial to eliminate legal risks. As an experienced labor and employment lawyer, I will review your documents and support you through every step of the works council election – legally sound, practical, and reliable.
Submitting nominations – deadlines, requirements and legally compliant implementation
As soon as the election announcement is published in the company, binding deadlines begin. Employees have two weeks to file objections to the electoral roll – and nominations must also be submitted to the election board within this period.
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No list submitted? Note the deadline!
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If no valid nomination has been submitted after the two-week period, the electoral board must grant a one-week grace period.
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If no valid proposal is submitted within this grace period, the works council election is deemed to have failed – a special case that, however, rarely occurs in practice.
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Examination of nominations by the electoral board
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After the deadline has expired, the electoral board will examine the submitted proposals for formal and substantive validity.
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If a nomination has deficiencies, I must inform the responsible list leader.
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As long as the submission deadline is still running, corrections or resubmissions can be made to ensure validity.
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Order on the ballot paper – by lot
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Immediately after the deadline for submitting nominations, I invite the list leaders to determine the order on the ballot paper.
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If there are several valid lists, the order will be determined by drawing lots.
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If there is only one valid list, this step is omitted – in this case, the election is conducted as a majority vote, with the votes being awarded directly to the candidates on the single electoral proposal.
The deadlines and formal requirements regarding nominations are prone to errors and can jeopardize the election. I support election boards in legally compliant review and implementation. Have your election documents reviewed now – to ensure your works council election is a surefire success!
Announcement of applicants – timely and proper information
The valid nomination lists or the nomination proposal must be made public within the company at least one week before election day. This announcement is required by law and ensures that all employees are informed in a timely manner about the candidates standing for election.
Especially in larger companies—especially with regard to postal voting—I consider it advisable to post the lists early. Postal voting documents may only be sent out after the official nominations have been announced within the company.
Those who make the announcement too late run the risk of delaying the mailing of postal ballot documents – and this could potentially lead to a challenge to the election.
Allow sufficient time and publish the candidate lists in a timely manner. This will ensure that mail-in voters also receive their documents on time. Have your election documents reviewed now by me, a labor law attorney – for a safe and effective works council election.
Preparing for election day – legally secure and structured
To ensure a smooth election day, I must ensure that the election is conducted in accordance with the law and is tamper-proof. This includes, among other things:
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The establishment of a suitable polling station or several polling stations
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The provision of a sealed and tamper-proof ballot box
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Verification of eligibility to vote based on the electoral roll
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The provision of voting materials and aids for accessible voting
Counting of votes and announcement of the election results by the lawyer
As soon as the polling stations close, I will conduct the public vote count and announce the preliminary election results. These results must be documented—including an election record, which I, as the election officer, will prepare.
Constituent meeting – transfer of responsibility
After the election result is known:
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I will notify the elected employees immediately.
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I will make the names of those elected known within the company.
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I invite you to the constitutive meeting of the new works council within one week of election day.
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I hand over all election documents to the new committee—this concludes my term as election committee.
There are also legal pitfalls in the final phase. Rely on my legal support to complete the election correctly and on time. Have the final steps reviewed now – I will support your election committee until the handover!
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We will be happy to provide you with comprehensive, personal advice on your concerns.
