Lawyers cases won careers

works councils

Occasionally it is necessary for the works council to consult a lawyer. Conflicts arise even in the best of relationships, and even the principle of trusting cooperation cannot change this. However, there are many pitfalls to be aware of when the works council hires a lawyer. This begins with seemingly simple legal questions such as the authority to commission and the remuneration of the lawyer for the works council. The procedure for mandating and selecting the BR lawyer are also of interest from the works council's perspective.

Training

Our exclusive seminars for works councils in accordance with Section 37 Paragraph 6 BetrVG are specifically tailored to your needs. In addition to in-depth training on works constitution law, we also offer a variety of special topics in the area of works council work. From organizing works council elections to co-determination in restructuring - with us you will find the right seminar for your individual requirements.

We run the training courses for works councils in cooperation with Ms. Andrea Menke. She holds an M.A. in Business Administration (FH), is a mediator and systemic coach. She is also a certified data protection officer in accordance with the DSC standard.

Advice

In certain cases, the works council has the right to seek advice from a lawyer at the employer's expense and to commission the lawyer to represent its legal interests. The Works Constitution Act contains various regulations that enable the works council to use the services of a lawyer and to oblige the employer to cover the costs. The most important provision is Section 40 Paragraph 1 BetrVG. According to this provision, the employer must bear the costs arising from the works council's activities, including costs arising from the (legal) prosecution or defense of the works council's rights.

Representation in court

It will often be necessary for the works council to enforce its existing rights under the Works Constitution Act or those of its members against the employer. In many cases, however, the works council will not be able to avoid seeking legal help to enforce its rights. The lawyer is then commissioned by the works council to initiate the labor court decision-making process. He prepares the application for the works council and represents it both at the conciliation hearing and at the meeting before the chamber.

Attorney Matti Kleibömer

Dr. Marcin Krzymuski is a legal advisor, graduate of the European University Viadrina and the Adam Mickiewicz University in Poznań. Krzymuski specializes in legal assistance in German-Polish relations.

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Kontaktperson
Dr. Mario Arroyave
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