The Federal Labour Court has set a new course for managers in works council elections.
In the run-up to the upcoming regular works council elections in 2026, it is worth taking a closer look at the participation rights of managers. In a guest article for the Frankfurter Allgemeine Zeitung, our partner Burkhard Fabritius, a specialist lawyer for labour law, highlights current developments in case law and explains why many managers are eligible to vote – more often than previously assumed.
The Federal Labour Court (BAG) recently ruled (Ref.: 7 ABR 28/24) that managers in matrix organisations who have personnel responsibility in several companies may also be eligible to vote in works council elections in several companies. Only senior executives with exclusive hiring and firing rights are excluded from voting rights, which is rare in practice due to the dual control principle.
Back in 2019, the Federal Labour Court ruled that professional management of employees assigned to a specific business entity is sufficient for a so-called ‘employment’ within the meaning of the law. In matrix structures, this often results in multiple assignments of managers and thus multiple voting rights, provided that the businesses are within the same company. However, this ruling is not (yet) applicable to cross-group matrix structures.
The article also dispels the widespread misconception that managers are not allowed to express their opinions in the run-up to elections. According to the Federal Labour Court (Ref.: 7 ABR 10/16), freedom of expression also applies here – companies and their managers are allowed to take a stand, for example in favour of an open participation culture or individual candidates.
Burkhard Fabritius advocates an active understanding of co-determination in the workplace: managers should motivate employees – especially young talent – to get involved in the works council. Well-positioned committees can provide important impetus and strengthen cooperation within the company.
Another aspect that companies should consider at an early stage is gender-equitable representation on the committee. The legal requirement to take the minority gender into account is becoming increasingly relevant in practice, especially in heterogeneous workforces.
You can find the complete article under Downloads.
