Germany Works Constitution Act (BetrVG)

Germany

vConsolidated text as promulgated 25 September 2001 (BGBl. I p. 2518), last amended by Art. 1 of the Act of 19 July 2024 (BGBl. 2024 I Nr. 248); official English translation at the same date; retrieved 2026-09-30

7 domains

66 controls

Germany's Works Constitution Act (Betriebsverfassungsgesetz, BetrVG), the law under which employees in private-sector establishments with five or more employees elect works councils, and which sets what the employer must share, discuss and agree with them. Its s 87(1) no. 6 gives the works council a veto over introducing and using any technical device objectively capable of monitoring employees' conduct or performance, so CCTV, telematics, email and web logging, screenshot and keystroke tools, productivity scoring and AI analytics need a works agreement or a conciliation award before use. Built on the full Act from the official English translation and the German consolidation (both as at 19 July 2024), with every employer duty a leaf.

Verified

Germany Works Constitution Act (BetrVG) is a compliance framework from Germany with 7 domains and 66 controls that map to 2 other frameworks. The largest domains are Part Four, Division Three: social matters and co-determination (s 87), health and safety – Germany Works Constitution Act (BetrVG) (15 controls), Part Four, Division Five: staff policy, vocational training and individual staff measures – Germany Works Constitution Act (BetrVG) (13 controls), Part Four, Division One: principles of collaboration, works agreements, protection, data protection and information – Germany Works Constitution Act (BetrVG) (12 controls). Every control below carries what it requires and what an assessor expects to see.

Maintained by Gerard Blokdyk

Framework summaries on this platform are AI-assisted interpretations for educational and compliance planning purposes. They do not reproduce or replace the official standards. Refer to the authoritative source for the definitive text. Framework names and trademarks belong to their respective organisations.

Framework Domains (7)

Part Four, Division Five: staff policy, vocational training and individual staff measures – Germany Works Constitution Act (BetrVG)

13 controls

Controls in the Part Four, Division Five: staff policy, vocational training and individual staff measures – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 13 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s100	s 100 Use temporary staff measures only when urgent, inform the council at once and go to court within three days if contested	Where urgently needed on factual grounds, the employer may carry out a measure under s 99 provisionally before the counc...
germany-works-constitution-act-betrvg::s102	s 102 Hear the works council before every dismissal, with reasons	The council must be heard before every dismissal, with the employer giving the reasons; a dismissal without hearing is v...
germany-works-constitution-act-betrvg::s103	s 103 Obtain consent for summary dismissal or office-ending transfer of representatives and candidates	Summary dismissal of members of the works council, youth and trainee delegation, ship's committee, fleet works council,...
germany-works-constitution-act-betrvg::s105	s 105 Notify the works council of planned recruitment or staff changes of executive staff	The council must be told in good time of any intended recruitment of executive staff within s 5(3) or any change in thei...
germany-works-constitution-act-betrvg::s92	s 92 Inform and consult the works council on manpower planning	The employer informs the council fully and in good time, on the basis of documents, about manpower planning, in particul...
germany-works-constitution-act-betrvg::s92a	s 92a Discuss the council's proposals to secure employment and give reasons for rejecting them	The council may propose measures to secure and promote employment (flexible working time, part-time and partial retireme...
germany-works-constitution-act-betrvg::s93	s 93 Advertise vacancies internally when the works council requests	The works council may require that all vacancies, or vacancies for particular kinds of job, be advertised internally bef...
germany-works-constitution-act-betrvg::s94	s 94 Obtain works council approval for staff questionnaires, standard contract data and general assessment criteria	Staff questionnaires need the council's approval, as do personal data items in standard written employment contracts and...
germany-works-constitution-act-betrvg::s95	s 95 Obtain works council approval for selection guidelines, including those prepared with AI	Guidelines on how employees are chosen for hiring, transfer, regrading and dismissal need the council's approval; failin...
germany-works-constitution-act-betrvg::s96	s 96 Promote vocational training and determine training needs on the council's request	Employer and council promote employees' vocational training within manpower planning and with the competent bodies. At t...
germany-works-constitution-act-betrvg::s97	s 97 Consult on training facilities and co-determine training where jobs change and skills no longer suffice	The employer consults the council on setting up and equipping training facilities, introducing in-house training and par...
germany-works-constitution-act-betrvg::s98	s 98 Co-determine in-house training, trainer suitability and participant selection	The council co-determines the implementation of in-house vocational training, may object to the appointment of a trainin...
germany-works-constitution-act-betrvg::s99	s 99 Obtain works council consent to recruitment, grading, regrading and transfer (over 20 employees)	In companies normally employing more than 20 employees with voting rights, the employer informs the council in advance o...

Part Four, Division Four: design of jobs, operations and the working environment – Germany Works Constitution Act (BetrVG)

2 controls

Controls in the Part Four, Division Four: design of jobs, operations and the working environment – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 2 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s90	s 90 Inform and consult the works council in time on plans for premises, technology, procedures including AI, and jobs	The employer informs the council in good time, with the necessary documents, of plans for constructing, altering or exte...
germany-works-constitution-act-betrvg::s91	s 91 Relieve special burdens from changes that plainly contradict ergonomic findings	Where changes to jobs, operations or the working environment clearly contradict established ergonomic findings and place...

Part Four, Division One: principles of collaboration, works agreements, protection, data protection and information – Germany Works Constitution Act (BetrVG)

12 controls

Controls in the Part Four, Division One: principles of collaboration, works agreements, protection, data protection and information – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 12 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s74-1	s 74(1) Meet the works council at least monthly and negotiate in good faith	Employer and works council hold a joint meeting no less often than monthly, deal with disputed matters with a serious in...
germany-works-constitution-act-betrvg::s74-2	s 74(2) Keep the peace in the establishment and refrain from party-political activity	Industrial action between employer and works council is unlawful (collective bargaining disputes excepted). Both refrain...
germany-works-constitution-act-betrvg::s75-1	s 75(1) Ensure fair treatment and non-discrimination of everyone working in the establishment	Employer and works council must make sure that everyone who works in the establishment is treated lawfully and fairly, a...
germany-works-constitution-act-betrvg::s75-2	s 75(2) Protect and promote employees' free development of personality	Employer and works council must protect and promote the free development of the personality of the establishment's emplo...
germany-works-constitution-act-betrvg::s76a	s 76a Bear the costs of the conciliation committee	The employer bears the costs of the conciliation committee. Assessors from the establishment are not paid extra but are...
germany-works-constitution-act-betrvg::s77-1-2	s 77(1), (2) Implement agreements with the council, record works agreements in writing and display them	The employer carries out agreements with the works council, including those based on conciliation committee awards, unle...
germany-works-constitution-act-betrvg::s77-3-6	s 77(3) to (6) Respect the limits and binding effect of works agreements	Works agreements may not regulate pay and other working conditions that collective agreements settle or usually settle,...
germany-works-constitution-act-betrvg::s78	s 78 Do not obstruct, disadvantage or favour works council members and other office holders	Members of the works council and the other bodies under the Act (central and combine works councils, youth and trainee d...
germany-works-constitution-act-betrvg::s78a	s 78a Give trainee office holders written notice before training ends, or employ them	If the employer does not plan to keep on, after training, a trainee who is a youth and trainee representative, a works c...
germany-works-constitution-act-betrvg::s79a	s 79a Treat works council processing as part of the employer's data protection responsibility	The works council must observe data protection law when it processes personal data. Where it processes personal data for...
germany-works-constitution-act-betrvg::s80-2	s 80(2) Inform the works council comprehensively and in good time and provide documents and knowledgeable staff	The employer informs the council comprehensively and in good time so it can perform its duties, including about people w...
germany-works-constitution-act-betrvg::s80-3	s 80(3) Agree the use of experts by the works council, including for artificial intelligence	The council may consult experts after a more specific agreement with the employer where its duties require it. Where jud...

Part Four, Division Six: economic matters and operational changes – Germany Works Constitution Act (BetrVG)

6 controls

Controls in the Part Four, Division Six: economic matters and operational changes – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 6 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s106	s 106 Inform the finance committee fully and in time on economic matters, including takeovers	In companies normally employing more than 100 permanent employees a finance committee is formed; the employer informs it...
germany-works-constitution-act-betrvg::s108	s 108 Attend finance committee meetings and explain the annual accounts	The finance committee meets monthly; the employer or its representative must attend, may bring knowledgeable employees a...
germany-works-constitution-act-betrvg::s110	s 110 Report to the workforce on the company's economic situation	Where a company normally has over 1,000 permanent employees, the employer reports in writing to the staff at least quart...
germany-works-constitution-act-betrvg::s111	s 111 Inform and consult the works council on operational changes that may substantially disadvantage staff	In companies normally employing more than 20 employees with voting rights, the employer informs the council fully and in...
germany-works-constitution-act-betrvg::s112	s 112 Seek a reconciliation of interests and agree a social plan, through mediation and conciliation if needed	An agreed reconciliation of interests on a planned operational change, and a social plan compensating or mitigating econ...
germany-works-constitution-act-betrvg::s113	s 113 Keep to the reconciliation of interests, and attempt one before implementing a change	If the employer departs from an agreed reconciliation of interests without compelling reason, employees dismissed as a r...

Part Four, Division Three: social matters and co-determination (s 87), health and safety – Germany Works Constitution Act (BetrVG)

15 controls

Controls in the Part Four, Division Three: social matters and co-determination (s 87), health and safety – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 15 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s87-1-1	s 87(1) no. 1 Co-determine rules on order in the establishment and employee conduct	The works council co-determines questions of order in the establishment and how employees behave there (as opposed to th...
germany-works-constitution-act-betrvg::s87-1-10	s 87(1) no. 10 Co-determine pay structures and the introduction or change of remuneration methods	The works council co-determines questions of pay structure in the establishment, in particular principles of remuneratio...
germany-works-constitution-act-betrvg::s87-1-11	s 87(1) no. 11 Co-determine piece rates, bonus rates and comparable performance-related pay	The works council co-determines fixing piece rates, bonus rates and similar pay tied to performance, including the monet...
germany-works-constitution-act-betrvg::s87-1-12	s 87(1) no. 12 Co-determine principles of the employee suggestion scheme	The works council co-determines the principles of the establishment's suggestion scheme, such as how suggestions are sub...
germany-works-constitution-act-betrvg::s87-1-13	s 87(1) no. 13 Co-determine principles of group work	The works council co-determines principles for how group work is carried out, meaning a group of employees handling a co...
germany-works-constitution-act-betrvg::s87-1-14	s 87(1) no. 14 Co-determine the arrangements for mobile work performed with information and communication technology	The works council co-determines how mobile work done with information and communication technology is organised (for exa...
germany-works-constitution-act-betrvg::s87-1-2	s 87(1) no. 2 Co-determine start and end of daily working time, breaks and distribution over the week	The works council co-determines when daily working time begins and ends, breaks, and how working hours are spread across...
germany-works-constitution-act-betrvg::s87-1-3	s 87(1) no. 3 Co-determine temporary reduction or extension of normal working hours	The works council co-determines any temporary shortening (such as short-time work) or lengthening (such as overtime) of...
germany-works-constitution-act-betrvg::s87-1-4	s 87(1) no. 4 Co-determine the time, place and form of pay	The works council co-determines when, where and how remuneration is paid, such as pay dates, cashless payment and accoun...
germany-works-constitution-act-betrvg::s87-1-5	s 87(1) no. 5 Co-determine leave principles, the leave schedule and disputed individual leave	The works council co-determines general leave principles and the leave schedule, and the timing of an individual employe...
germany-works-constitution-act-betrvg::s87-1-6	s 87(1) no. 6 Co-determine the introduction and use of technical devices capable of monitoring employees' conduct or performance	The works council co-determines introducing and using technical equipment intended to monitor employees' conduct or perf...
germany-works-constitution-act-betrvg::s87-1-7	s 87(1) no. 7 Co-determine health and safety arrangements within statutory frameworks	The works council co-determines rules on preventing work accidents and occupational diseases and on health protection wi...
germany-works-constitution-act-betrvg::s87-1-8	s 87(1) no. 8 Co-determine the form, structure and administration of social facilities	The works council co-determines the form, design and administration of social facilities that serve only the establishme...
germany-works-constitution-act-betrvg::s87-1-9	s 87(1) no. 9 Co-determine allocation, termination and use conditions of employee housing	The works council co-determines the allocation of and notice to vacate accommodation rented to employees because of thei...
germany-works-constitution-act-betrvg::s89	s 89 Involve the works council in health, safety and environmental inspections and share official orders and records	The employer and the occupational safety authorities, accident insurers and other bodies must bring in the works council...

Part Four, Division Two: individual employees' rights to information, hearing, files and complaints – Germany Works Constitution Act (BetrVG)

7 controls

Controls in the Part Four, Division Two: individual employees' rights to information, hearing, files and complaints – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 7 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s81-1-2	s 81(1), (2) Inform employees about their tasks and instruct them on safety before they start and after changes	The employer informs each employee about their tasks and responsibilities, the kind of work and its place in the establi...
germany-works-constitution-act-betrvg::s81-3	s 81(3) Where there is no works council, consult employees on health and safety measures	In establishments without a works council, the employer must consult the employees on all measures that may affect their...
germany-works-constitution-act-betrvg::s81-4	s 81(4) Inform employees about planned technical and organisational changes affecting their jobs and discuss retraining	The employer tells employees about planned measures concerning technical plants, working methods and processes or jobs,...
germany-works-constitution-act-betrvg::s82	s 82 Hear employees and explain their pay and performance assessment on request	Employees are entitled to be heard by the competent persons on operational matters concerning them, to comment on measur...
germany-works-constitution-act-betrvg::s83	s 83 Give employees access to their personnel file and add their statements	Employees may inspect their personnel file, and may bring a council member, who must keep its content confidential unles...
germany-works-constitution-act-betrvg::s84	s 84 Handle employee complaints, remedy justified ones and protect complainants	Employees may complain to the competent bodies of the establishment if they feel disadvantaged, treated unfairly or othe...
germany-works-constitution-act-betrvg::s85	s 85 Deal with grievances raised by the works council and report on their handling	The works council receives employees' grievances and, where justified, presses the employer to remedy them. If employer...

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

11 controls

Controls in the Parts One and Two: cooperation, elections and the works council's working conditions – Germany Works Constitution Act (BetrVG) domain of Germany Works Constitution Act (BetrVG) — 11 controls
Code	Title	Description
germany-works-constitution-act-betrvg::s2-1	s 2(1) Work with the works council in mutual trust	Employer and works council cooperate on the basis of trust, within the collective agreements that apply, and together wi...
germany-works-constitution-act-betrvg::s2-2	s 2(2) Grant access to representatives of unions present in the establishment	Once the employer or its representative has been notified, officials of a union with members in the establishment must b...
germany-works-constitution-act-betrvg::s20	s 20 Keep works council elections free of obstruction and pay their costs	No one may hinder a works council election or restrict an employee's right to vote or stand; influencing the election by...
germany-works-constitution-act-betrvg::s37-2-3	s 37(2), (3) Release works council members without loss of pay, and compensate out-of-hours council work	Members are released from work without loss of pay as far as needed to do their council work properly, having regard to...
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 foll...
germany-works-constitution-act-betrvg::s37-6-7	s 37(6), (7) Release council members for necessary training and approved courses	Members are released with pay (and compensated for training outside their working time, capped at one full-time working...
germany-works-constitution-act-betrvg::s38	s 38 Release the statutory number of council members full time	Establishments with 200 or more employees must release at least one member full time, rising in steps (two from 501, thr...
germany-works-constitution-act-betrvg::s39	s 39 Agree council consultation hours and do not dock pay for visits to the council	The works council may hold consultation hours during working time, with time and place agreed with the employer (the con...
germany-works-constitution-act-betrvg::s40	s 40 Bear the council's costs and provide premises, equipment, IT and office staff	The employer bears the costs arising from the works council's activity and provides, to the necessary extent, premises,...
germany-works-constitution-act-betrvg::s43-2	s 43(2), (3) Attend works meetings when invited and report once a year on staff, economic and environmental matters	The employer is invited to works and department meetings with the agenda and may speak. At least once a calendar year th...
germany-works-constitution-act-betrvg::s44	s 44 Hold statutory works meetings in working time and pay attendance and travel	Regular quarterly works meetings, election meetings and meetings requested by the employer take place during working tim...

Maps to 2 other frameworks

66 total controls

GDPR

5 source controls mapped|3 target controls covered

ISO 27002:2022

1 source controls mapped|1 target controls covered

Compare Germany Works Constitution Act (BetrVG) with GDPR

Coverage is not the same as your position

This page shows what Germany Works Constitution Act (BetrVG) overlaps with in general. Where your organisation actually stands, against the standard you are going for and the certifications you already hold, is a different question. Same graph and the same recorded refutations, scoped to you rather than to a pair.

The Compliance Position Diagnostic, $5,000 fixed, ten business days

What is Germany Works Constitution Act (BetrVG) and who does it apply to?

Germany Works Constitution Act (BetrVG) is a compliance framework from Germany with 7 domains and 66 controls. Germany's Works Constitution Act (Betriebsverfassungsgesetz, BetrVG), the law under which employees in private-sector establishments with five or more employees elect works councils, and which sets what the employer must share, discuss and agree with them. Its s 87(1) no. 6 gives the works council a veto over introducing and using any technical device objectively capable of monitoring employees' conduct or performance, so CCTV, telematics, email and web logging, screenshot and keystroke tools, productivity scoring and AI analytics need a works agreement or a conciliation award before use. Built on the full Act from the official English translation and the German consolidation (both as at 19 July 2024), with every employer duty a leaf. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

What does Germany Works Constitution Act (BetrVG) actually require?

Germany Works Constitution Act (BetrVG) has 66 controls organised across 7 domains. The largest domains are Part Four, Division Three: social matters and co-determination (s 87), health and safety – Germany Works Constitution Act (BetrVG) (15 controls), Part Four, Division Five: staff policy, vocational training and individual staff measures – Germany Works Constitution Act (BetrVG) (13 controls), Part Four, Division One: principles of collaboration, works agreements, protection, data protection and information – Germany Works Constitution Act (BetrVG) (12 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

If I already comply with another framework, how much of Germany Works Constitution Act (BetrVG) do I already cover?

Germany Works Constitution Act (BetrVG) maps to 2 other compliance frameworks. The top mapping partners are GDPR (8% coverage), ISO 27002:2022 (2% coverage). Use our comparison tool to explore control-level mappings between frameworks.

How do I implement Germany Works Constitution Act (BetrVG)?

Start your Germany Works Constitution Act (BetrVG) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Germany Works Constitution Act (BetrVG) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 66 controls and track your progress.

Start Your Compliance Journey

Create a free account to run self-assessments, get AI advisory, and track your compliance progress across 844 frameworks.

Get Started Free →

Free forever — no credit card required