Digital elections offer greater convenience, lower costs, and higher participation—a concept that is attracting considerable interest in an increasingly digitalized workplace. This raises the question: Will employees be allowed to elect their works council online in the future?
While electronic voting has long been a reality in many other areas, works council elections remain subject to strict legal requirements. Currently, digital voting is not yet legally permitted – unless the legislature creates the necessary legal framework by 2026.
What awaits you:
Online Works Council Election 2026: The current status – what has happened so far
The draft bill presented by the traffic light coalition in November 2024 to introduce online works council elections as part of a pilot project was not pursued further after the early end of the legislative period. This is due to the so-called discontinuity principle: All legislative initiatives that are not adopted by the end of the legislative period automatically lose their validity and must be reintroduced by a new federal government.
New federal government – new opportunities for online works council elections?
The coalition agreement between the CDU/CSU and SPD contains a clear commitment to the digitalization of employee participation in company processes—including the possibility of electing works councils online. It states:
"We will further develop co-determination. We will also enable online works council meetings and online staff assemblies as equivalent alternatives to in-person formats. In addition, the option to vote online will be enshrined in the Works Constitution Act."
This confirms that the political will is there. However, when and in what specific form online voting will be introduced in works council elections remains to be seen.
Conclusion: No law yet – but digital co-determination is gaining momentum
- The introduction of online voting is set out as a goal in the coalition agreement, but has not yet been implemented by law.
- An amendment to the Works Constitution Act would be necessary – a corresponding legislative procedure is still pending.
- It remains to be seen whether the 2026 works council elections can be held digitally or whether implementation will be postponed to a later election period.
Companies and election boards should continue to plan for in-person and postal voting, but at the same time, closely monitor legal developments. We will inform you about new legal steps. Get legal advice now – and stay well prepared for the digital future of works council elections!
