Which 5 common mistakes are often made during Works Council elections?

Mistakes happen, of course. But these ones can cause real problems. So if you can avoid them, stay away from the following:

1. Not informing the trade unions

To conduct legally valid Works Council elections, you must follow the rules. This includes informing the trade unions as soon as a new election date has been set. They have the right to nominate candidates.

2. Not applying an objection period

You are legally required to offer an objection period during which employees can contest the election results. The Works Councils Act (WOR) does not specify the length of this period, so check your Works Council regulations to see what applies to your organisation. Our personal tip: one week is usually sufficient.

3. Not saving the election results

You may not expect it, but it can happen that a Works Council member leaves the organisation mid‑term. Depending on what your regulations state, you may need to organise interim elections or invite the next candidate on the “reserve bench” to take the seat — the person who just missed out based on the number of votes. This makes it essential to keep the election results, including vote counts, for the next 2, 3 or 4 years.

4. Having an outdated Works Council regulation — or changing it during the election process

Right before the elections is a good moment to review and update your Works Council regulations. Are they still aligned with the current phase of your organisation? Does the electoral system still fit how the organisation is structured? Are all groups, departments or locations properly represented? Remember: only the current Works Council is authorised to amend and adopt the regulations.

5. Not following your own Works Council regulation

Your regulation specifies which electoral system you use, who is eligible to stand as a candidate, and who is allowed to vote. Under the Works Council Act, anyone employed for more than three months has voting rights. But your regulation may deviate from this — for example, requiring one year of service. In that case, that one excellent colleague still cannot vote. Unfortunate, but binding.