Legally secure for the 2026 works council elections – with legal support in employment law

Works council elections strengthen co-determination within the company. Clear structures, legally compliant preparation, and careful implementation by the election committee are essential for a legally compliant process. Our labor law attorneys demonstrate what's important.

Legally secure for the 2026 works council elections – with legal support in employment law

Preparation for a works council election should begin early—ideally well before the scheduled election date. This is because the legal requirements of the Works Constitution Act (BetrVG) and the Election Regulations (WO) are complex and often difficult to understand for non-lawyers. However, as an election committee, you are obligated to comply with all legal regulations. Even minor formal errors can lead to the election being contested and declared invalid.

A structured process and in-depth knowledge of labor law are therefore crucial for a successful works council election. Our experienced labor law attorneys will support you every step of the way – from initial planning to legally compliant implementation. This minimizes risks and ensures that all formalities are correctly observed.

We've compiled a clear overview of the steps you'll face in the regular election process. Rely on our labor law expertise to ensure your works council election is on a sound legal footing.

Initiate works council elections – legally secure with legal support in employment law

The works council election officially begins with the issuance of the election notice by the election committee. This step marks the start of the normal election procedure: The election notice must contain all legally required information and be posted throughout the company. This provides the workforce with binding information that a works council election is taking place.

Before publishing the election announcement, an important legal step is required: In consultation with the representatives of the senior management, it must be clarified which employees belong to the group of senior management within the meaning of Section 18a of the Works Constitution Act (BetrVG). Only those who are not considered senior management are entitled to vote or be elected. Only on this basis can you correctly compile the electoral register.

You should allow at least two weeks for the review and allocation process – as required by law. Then, you should compile the electoral roll, which includes all eligible and eligible employees. This roll must be publicly posted in the company along with the election notice.

Our specialized labor law attorneys advise election boards during all phases of the works council election and ensure that every step is carried out with legal compliance – from the initiation to the counting of the votes. Request advice on your works council election now – we'll provide you with legal support from the very beginning!

Election announcements for works council elections – these contents are required by law

The election announcement is a central element of the works council election and forms the basis for a legally compliant process. The minimum information it must contain is legally regulated in Section 3 of the Election Regulations (WO). As the election committee, you are obligated to provide this information completely and accurately – otherwise, the election may be contested.

The most important mandatory information in the election notice includes:

• Number of works council members to be elected
• Specifications for nominations and nomination lists
• Information on the gender quota (minority gender) and all relevant deadlines
• Election day (date of voting)
• Place, date and time of the public vote count
• Information on the possibility of voting by mail

A flawless election announcement is crucial to avoid legal risks. Our experienced employment law attorneys will review your documents and guide you through every step of the works council election – with legal certainty, practical expertise, and reliability.

Submitting nominations – deadlines, requirements and legally compliant implementation

As soon as the election announcement is published in the company, binding deadlines begin. Employees can file objections to the electoral roll within two weeks – and nominations must also be submitted to the election board within this period.

• No list submitted? Note the deadline!
  • If no valid nomination has been submitted after the two-week period, the electoral board must grant a one-week grace period. 
  • If no valid proposal is submitted within this grace period, the works council election is deemed to have failed – a special case that, however, rarely occurs in practice.
• Examination of nominations by the electoral board
  • After the deadline has expired, the electoral board will examine the submitted proposals for formal and substantive validity. 
  • If a nomination has deficiencies, the responsible list leader must be informed. 
  • As long as the submission deadline is still running, corrections or resubmissions can be made to ensure validity.
• Order on the ballot paper – by lot
  • Immediately after the deadline for submitting nominations has expired, the Electoral Board invites the list leaders to determine the order on the ballot paper. 
  • If there are several valid lists, the order will be determined by drawing lots. 
  • If there is only one valid list, this step is omitted – in this case, the election is conducted as a majority vote, with the votes being awarded directly to the candidates on the single electoral proposal.

The deadlines and formal requirements surrounding nominations are prone to errors – and can jeopardize the election. Our employment law firm supports election boards in legally compliant review and implementation. Have your election documents reviewed now – to ensure your works council election is a success!

Announcement of candidates – timely and accurate information

The valid nomination lists or the nomination proposal must be made public within the company at least one week before election day. This announcement is required by law and ensures that all employees are informed in a timely manner about the candidates standing for election.

However, especially in larger companies—and especially with regard to postal voting—it is advisable to post the lists early. Postal voting documents may only be sent out once the official nominations have been announced within the company.

Those who make the announcement too late risk delays in the dispatch of postal voting documents – and thus possibly a challenge to the election.

Allow sufficient time and publish the candidate lists early. This will ensure that mail-in voters also receive their documents on time. Have your election documents reviewed now by our labor law experts – for a safe and effective works council election.

Preparing for election day – legally compliant and organized

• Establishment of a suitable polling station or several polling stations
• Provision of a sealed and tamper-proof ballot box
• Verification of eligibility to vote based on the electoral roll
• Provision of voting materials and aids for accessible voting

Counting of votes and announcement of the election results

Immediately after the polling stations close, you conduct the public vote count and announce the preliminary election results. This must be documented—including an election record, which must be prepared by the electoral board.

Constituent meeting – handover of responsibility

Once the election results are known:

• Notify the elected employees immediately.
• Make the names of those elected known within the company.
• Call for an inaugural meeting of the new works council within one week of election day.
• Hand over all election documents to the new committee – this will end your term as election committee.

Legal pitfalls also lurk in the final phase. Rely on legal advice to ensure the election is completed correctly and on time. Have the final steps reviewed now – we'll support your election committee until the handover!