Germany Works Constitution Act (BetrVG)
Parts One and Two: cooperation, elections and the works council's working conditions – Germany Works Constitution Act (BetrVG)

Germany Works Constitution Act (BetrVG) s37-4-5: s 37(4), (5) Keep council members' pay and work level in line with comparable employees

While in office and for twelve months afterwards, a member's pay may not be lower than that of comparable employees following the career usual in the establishment, including general benefits, and the member may be given only work of equal value, unless imperative operational needs prevent it. Comparability is fixed at the time the member took office unless an objective reason justifies a later redefinition; employer and works council may agree a procedure for this in a works agreement, which courts review only for gross error. The 2024 amendment (Act of 19 July 2024) added these comparability rules and the parallel s 78 sentence 2 on pay.

Maintained by Gerard Blokdyk

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