Conciliation committee chairman · nationwide
Resolving conflicts.
Resolving conflicts.
Neutral, structured, legally sound.
Prof. Dr. Frank Martin chairs labour-law conciliation committees across Germany, bringing conflicts between employers and works councils into an orderly, neutral and legally clear procedure.
My focus: efficient facilitation, robust decisions and complete minutes – for lasting peace within the organisation.
- Structured & focused – no delays without reason
- Legally clear decisions – resolved with legal certainty
- Sustainable outcomes – later disputes are avoided
30+ years in employment law
Professorship in labour law
neutral for both sides
30+
Years of experience in employment law
16
Federal states – nationwide
5
Co-determination focus areas
13
Sectors with proceedings experience
For both sides – and their legal advisers
Your chair for the labour-law conciliation committee
A conciliation committee only succeeds if both parties trust the chair. My conduct of proceedings is built for exactly that: independent, predictable and legally precise – for employers and HR departments as well as for works councils and the law firms advising them.
For employers & HR departments
Predictable proceedings instead of open risk – with an eye on commercial sense and operational feasibility.
- Tight scheduling, no delays without reason
- Legally sound decisions that withstand challenge
- Workable rules for day-to-day operations
For works councils
Co-determination taken seriously – a procedure on equal footing, clearly conducted and fairly decided.
- The balance between the parties is preserved
- Complex matters made clear and comprehensible
- Employee interests are heard with legal certainty
As chair, I represent neither side. I am equally committed to both parties and their legal advisers – to a fair balance and a legally sound decision.
My role. My expertise.
Five focus areas of co-determination
As a neutral co-determination expert, I guide employers and works councils through the legally and technically demanding disputes of the German Works Constitution Act (BetrVG). Click a focus area for the detailed notes.
Whether Microsoft 365, HR analytics, ERP or time recording: technical systems that are capable of monitoring employee conduct or performance are subject to mandatory co-determination under Section 87(1) no. 6 BetrVG – regardless of whether monitoring is actually intended. If negotiations on a works agreement fail, the conciliation committee decides.
As chair, I guide both sides through the technical, employment- and data-protection complexity to a workable framework agreement – clearly worded, resolved with legal certainty and feasible in daily operations.
Typical subject matter
IT framework works agreements. Instead of negotiating every system separately, a framework works agreement bundles co-determination over company IT into one set of rules – with common standards for access, logging, evaluation and data protection. More →
Microsoft 365. Teams, SharePoint and the like generate extensive usage and activity data suited to monitoring conduct and performance – so co-determination applies under Section 87(1) no. 6 BetrVG. Logging, evaluations, retention and the use of usage statistics are regulated. More →
HR software / people analytics. HR information systems (HRIS), applicant tracking and people-analytics tools systematically evaluate employee data and can reveal performance, conduct, absences or even forecasts (e.g. attrition risk) – making them capable of monitoring and subject to co-determination under Section 87(1) no. 6 BetrVG. The committee typically settles which metrics and analyses are permitted, a ban on automated individual scoring and unlawful profiling, access and role concepts and retention/deletion periods. Data protection (GDPR) and co-determination must be closely dovetailed and made transparent to staff.
ERP and CRM systems. ERP systems (e.g. SAP) and CRM platforms record processes attributable to individual employees – processing times, case numbers, revenue, closing rates – enabling performance comparisons. They are subject to co-determination under Section 87(1) no. 6 BetrVG once objectively capable of monitoring. Above all, the purpose limitation of the data, clear limits on performance and conduct analysis, the exclusion of hidden rankings and access/retention rules must be settled – so the operational benefit remains without seamless surveillance.
Time recording / digital time clocks. Time-recording systems continuously collect personal data and are classic co-determined installations. Scope of recording, permissible evaluations, corrections and retention are regulated. More →
Ticketing, workflow & task management. Ticketing and workflow tools (e.g. Jira, ServiceNow) make processing times, response times, case numbers and completion rates visible per employee – capable of performance monitoring and thus co-determined (Section 87(1) no. 6 BetrVG). A works agreement or committee award limits individual performance comparisons and rankings, defines which metrics may be evaluated at all, and ensures that process data do not become permanent individual surveillance. Rules on aggregation and anonymisation of analyses are also advisable.
E-mail, communication & collaboration tools. E-mail, messaging and collaboration systems (e.g. Outlook, Teams, Slack) log usage, availability and sometimes content, making them capable of monitoring conduct and performance (Section 87(1) no. 6 BetrVG). In particular, access in cases of substitution or suspicion, the logging and evaluation of metadata (e.g. activity and status indicators) and – especially relevant in practice – the handling of permitted private use (secrecy of telecommunications) must be settled. The aim is a clear balance between operational security and employees' personality rights.
GPS and telematics systems in vehicles. Telematics and location systems record position, driving times and driving behaviour and enable close monitoring. Permissible tracking purposes, evaluations and switch-off or private-journey times are to be settled. Read more →
Access-control & security systems. Electronic access controls, badge readers, locking systems and security/alarm technology record who is where and when on the premises – data capable of monitoring conduct and attendance. They are therefore subject to co-determination under Section 87(1) no. 6 BetrVG. In particular, the scope of recording, retention and deletion periods, the circle of authorised users and a clear purpose-limitation principle must be settled, so that the security function is not indirectly turned into attendance or performance monitoring. If no agreement is reached, the committee decides.
Video surveillance (CCTV, IP cameras). Video surveillance is a particularly deep intrusion into personality rights and is strictly limited by law. Camera locations, recording and live operation, retention, access and the exclusion of covert surveillance are regulated. More →
Performance & quality-measurement systems in production & logistics. Scanner, MES, pick-by-voice and quality-measurement systems record piece counts, cycle times, error rates and throughput – often person-related and in real time. As monitoring-capable devices they are co-determined under Section 87(1) no. 6 BetrVG; output and performance targets also engage Section 87(1) no. 10 (performance-related pay) and health protection (no. 7). To be settled are the metrics and targets used, a waiver of person-specific real-time rankings and protection against unreasonable performance pressure.
The start and end of daily working time, breaks, shift plans, flexitime and mobile work are among the most frequent co-determination conflicts (Section 87(1) nos. 2 and 3 BetrVG). New working-time models in particular put operational flexibility and employee protection at odds.
I facilitate so that future-proof models can be introduced without straining industrial peace – with robust rules that give the company planning certainty and employees reliability.
Typical subject matter
New shift systems. Introducing or changing shift models (rotating, night, weekend shifts) affects the start, end and distribution of working time – enforceably co-determined under Section 87(1) no. 2 BetrVG. Read more →
Monthly shift schedules. Drawing up the concrete shift and duty rosters – who works which shift when – is subject to co-determination under Section 87(1) no. 2 BetrVG; this also covers assigning individual employees to a roster. To be settled are notice periods, the procedure for short-notice changes, swap and preference rules and fair distribution principles. A committee award may not grant the employer a blanket unilateral power to change.
Flexitime / variable working-time windows. Flexitime and framework-time models define within which windows employees set their own start and end – the position and distribution of working time are co-determined under Section 87(1) no. 2 BetrVG. To be settled are core and framework hours, the build-up and reduction of flexitime balances, caps and the handling of time credits. The aim is flexibility for both sides within reliable limits.
Trust-based / output-oriented working time. Even with trust-based working time the statutory duty to record the start and end of working time remains (Section 3 ArbSchG); the "how" of recording and the position of working time are co-determined under Section 87(1) no. 2 BetrVG. To be settled are the handling of extra work, availability and rest periods, and safeguards against boundaryless work.
Working-time recording systems. Systems recording the start and end of working time continuously collect personal data and are subject to co-determination (Section 87(1) no. 6 BetrVG); the "whether" is set by statute, the "how" is co-determined. Read more →
Mobile work / home office / remote work. The design and conditions of mobile work – position of working time, availability, equipment, monitoring – are co-determined (Section 87(1) no. 2, possibly no. 14 BetrVG). Read more →
On-call, standby & emergency duty. Ordering and distributing on-call, standby and emergency duty affects the position and distribution of working time and is co-determined under Section 87(1) nos. 2 and 3 BetrVG. To be settled are scheduling principles, maximum limits, compensation and rest periods and the distinction between standby and full work. Health protection (Section 87(1) no. 7) and working-time law must be observed.
Overtime / extra-work systems. The temporary extension of working time is co-determined under Section 87(1) no. 3 BetrVG – regardless of the number of employees affected. The right is already breached by merely tolerating overtime. To be settled are ordering, approval procedures, compensation (time off/pay), maximum limits and recording. A breach gives the works council an injunction claim.
Task distribution / process redesign. Where workflows are recut and tasks redistributed, this can affect the position and distribution of working time (Section 87(1) no. 2 BetrVG) and – with technical systems – no. 6; fundamental changes may also be an operational change (Section 111 BetrVG). To be settled are the effects on working time and workload as well as transition and qualification issues.
Agile ways of working. Agile methods (Scrum, Kanban) change planning, pace and transparency – boards and metrics can be capable of monitoring performance and conduct (Section 87(1) no. 6 BetrVG), while the position of working time engages no. 2. To be settled are the handling of person-related metrics, the exclusion of individual performance comparisons and protection against work intensification and boundaryless work.
Duty- and deployment-planning software. Software for duty and deployment planning distributes working time and assigns employees to specific shifts – both co-determined under Section 87(1) no. 2 BetrVG; as a data-processing system no. 6 may also apply. To be settled are the planning parameters, notice periods, short-notice changes and fair, transparent distribution rules.
Short-time work. The introduction, extent and distribution of short-time work (temporary reduction of working time) are co-determined under Section 87(1) no. 3 BetrVG – if no agreement is reached, the committee decides. Read more →
Target hours / annual working-time accounts. Working-time accounts and annual working-time models steer the distribution of working time over longer periods and are co-determined under Section 87(1) no. 2 BetrVG. To be settled are caps, the build-up and reduction of time credits, balancing periods, insolvency protection and the handling of plus and minus hours. This keeps flexibility plannable while protecting employees.
Company pay principles and performance- or bonus-based systems directly engage co-determination under Section 87(1) nos. 10 and 11 BetrVG. Without a clean structure, pay questions become lasting conflicts.
Precision is what counts here: I ensure that pay rules are decided transparently, without contradiction and with legal certainty, and documented in full – so they endure rather than opening follow-on disputes.
Typical subject matter
Pay structures. Building and changing the company pay system – pay groups, steps and the principles for assigning them – are pay principles co-determined under Section 87(1) no. 10 BetrVG. The absolute level of pay is not co-determined, but the system of distribution is. To be settled are the grading criteria, permeability between groups and the treatment of vested rights. The collective-agreement priority (Section 87(1) opening clause) applies.
Performance pay / appraisal systems. Performance-related and variable pay and the underlying appraisal systems are co-determined as performance-related pay under Section 87(1) nos. 10 and 11 BetrVG; where IT systems are used, no. 6 also applies. To be settled are the assessment criteria, targets and weighting, the appraisal procedure and protection against extraneous or opaque assessment.
Bonus & incentive schemes. The design of bonus, incentive and target-agreement schemes concerns company pay design and the distribution principles – co-determined under Section 87(1) nos. 10, 11 BetrVG. The employer freely sets the total volume; the distribution among employees is co-determined. To be settled are the types of target, metrics, payout terms and rules for missed targets, joiners and leavers.
Allowances, bonuses, hardship pay. Principles for allowances and bonuses (e.g. shift, night, hardship allowances) belong to company pay design and are co-determined under Section 87(1) no. 10 BetrVG. To be settled are the eligibility conditions, the calculation and delimitation of the individual allowances and a uniform, transparent application.
Commission schemes. Building and changing commission and pay models in sales concern the distribution principles and are co-determined under Section 87(1) nos. 10, 11 BetrVG. To be settled are the assessment bases, commission rates, clawback rules and the handling of territory and customer allocations – without prescribing the absolute level of earnings.
Pay for overtime / extra work. The principles for paying overtime and extra work (premiums, time off in lieu, caps) belong to pay design and are co-determined under Section 87(1) no. 10 BetrVG; ordering the overtime itself follows no. 3. To be settled are premium rates, the choice between time off and money and the handling of time credits.
Pay for mobile work. Mobile work raises questions of expense allowances, equipment and cost reimbursement and equal treatment with on-site staff. Where company distribution principles are set for this, they are co-determined under Section 87(1) no. 10 BetrVG. To be settled are allowances, reimbursement routes and non-discriminatory application.
Pay for on-call & standby time. The principles for paying on-call and standby duty (flat rates, premiums, treatment as working time) belong to company pay design and are co-determined under Section 87(1) no. 10 BetrVG. To be settled are the assessment factors, minimum pay and the handling of call-outs during standby.
Changing pay systems. Switching or fundamentally changing a pay system alters the pay principles and is co-determined under Section 87(1) no. 10 BetrVG. To be settled are the new system framework, transition and vested-rights rules, the handling of "winners and losers" and transparency and transition periods.
Digital pay systems / HR software. Payroll, compensation- and performance-management software processes employee data and can be capable of monitoring performance and conduct (Section 87(1) no. 6 BetrVG); the pay principles it maps engage no. 10. To be settled are permitted analyses, access rights, data protection and the traceability of automated calculations.
Travel-expense & per-diem rules. Company travel-expense and per-diem policies contain distribution principles (flat rates, reimbursement rates, classes) and are to that extent co-determined under Section 87(1) no. 10 BetrVG. To be settled are reimbursement levels, evidence and settlement routes and a uniform, non-discriminatory application.
Special payments. Distribution principles for special payments (Christmas/holiday pay, anniversary and one-off payments) are co-determined under Section 87(1) no. 10 BetrVG. Whether and in what total amount the employer grants a voluntary benefit is for it to decide; the distribution among employees – eligibility, cut-off dates, reduction rules – is co-determined.
Pay in connection with AI systems. Where pay or performance decisions are prepared by AI- and algorithm-based systems, both the monitoring-capable technology (Section 87(1) no. 6 BetrVG) and the pay principles mapped (nos. 10, 11) are co-determined. To be settled are the transparency and explainability of the models, the exclusion of discriminatory criteria and a human final decision.
In restructurings, site relocations, mergers or headcount reductions, the parties negotiate a reconciliation of interests and a social plan. If no agreement is reached, the conciliation committee decides on the social plan (Section 112 BetrVG); compensation for disadvantages (Section 113 BetrVG) remains in view.
I structure even complex proceedings with many participants so that commercially balanced and legally sound results emerge – swiftly, transparently and without avoidable escalation.
Typical subject matter
Reconciliation of interests. The reconciliation of interests governs whether, when and how an operational change is carried out and is not enforceable; the committee supports the negotiation. More in the social-plan guide →
Social plan. The social plan compensates or mitigates the economic disadvantages of an operational change (Section 112 BetrVG). Unlike the reconciliation of interests it is enforceable: if no agreement is reached, the committee decides bindingly (Section 112(4)), weighing social concerns against economic reasonableness. To be settled are, in particular, severance, compensation for disadvantages and transitional benefits. Read more →
Closure of establishments / parts. A full or partial closure is an operational change under Section 111 sent. 3 no. 1 BetrVG. The employer must inform the works council in good time and attempt a reconciliation of interests; the committee decides on the social plan if necessary. To be settled are the timing and modalities of implementation and mitigation. If the reconciliation is omitted, compensation claims under Section 113 may arise.
Relocation of establishments. Relocating the whole establishment or essential parts is an operational change (Section 111 sent. 3 no. 2 BetrVG) if it may cause substantial disadvantages. Reconciliation of interests and a social plan are to be negotiated – e.g. commuting/relocation costs, working-time adjustment and social hardship. Where no agreement is reached, the committee decides on the social plan funding.
Merger / demerger. Merging with others or splitting establishments is an operational change under Section 111 sent. 3 no. 3 BetrVG. Alongside reconciliation of interests and a social plan, questions of works-council structure (transitional/residual mandate) and business transfer (Section 613a BGB) arise. To be settled are the implementation and the compensation of disadvantages.
Fundamental changes to the organisation. Fundamental changes to the organisation, purpose or facilities of the establishment are operational changes under Section 111 sent. 3 no. 4 BetrVG – e.g. far-reaching restructurings of departments and responsibilities. Reconciliation of interests and – enforceably via the committee – a social plan to offset the disadvantages are to be negotiated.
New working methods / production processes. Introducing fundamentally new working methods and production processes is an operational change under Section 111 sent. 3 no. 5 BetrVG if it may cause substantial disadvantages. Where the processes affect working time or monitoring-capable technology, Section 87(1) nos. 2/6 also apply. To be settled are implementation, qualification and compensation for disadvantage.
Staff reduction. A substantial staff reduction can be an operational change as a curtailment (Section 111 sent. 3 no. 1 BetrVG) – the thresholds of Section 17 KSchG are decisive. The employer must attempt the reconciliation of interests; the committee decides on the social plan if necessary. To be settled are selection, implementation, severance and employment-securing alternatives; otherwise compensation claims under Section 113 may arise.
Outsourcing. Outsourcing tasks or units can be an operational change (curtailment/split, Section 111 BetrVG) and at the same time a business transfer (Section 613a BGB). Reconciliation of interests and a social plan are to be negotiated; to be settled are the transfer of employees, the compensation of disadvantages and employment and qualification commitments.
Qualification & employment security. In operational changes, qualification and employment-security measures are a key instrument for avoiding disadvantages. The works council may make proposals (Section 92a BetrVG); rules are placed in the reconciliation of interests and the social plan. To be settled are training, transfer measures and the use of alternative employment instead of dismissal.
Restructuring & efficiency programmes. Comprehensive restructuring and efficiency programmes frequently lead to operational changes under Section 111 BetrVG (curtailment, reorganisation, change of methods). Reconciliation of interests and – enforceably via the committee – a social plan are to be negotiated. To be settled are the scope and timetable, socially acceptable implementation and qualification and compensation for disadvantage.
Digitalisation projects. Large digitalisation and automation projects can be operational changes (new working methods, reorganisation, staff reduction; Section 111 BetrVG) and at the same time engage technical co-determination (Section 87(1) no. 6). Reconciliation of interests and a social plan are to be negotiated; to be settled are implementation, data protection, qualification and the compensation of disadvantages.
Compensation for disadvantage (Section 113 BetrVG). Where the employer carries out an operational change without having attempted a reconciliation of interests, dismissed employees can claim severance as compensation for disadvantage (Section 113(3) together with Section 10 KSchG); other economic disadvantages must also be compensated. A serious attempt at reconciliation is therefore mandatory – circumventing it is expensive.
Occupational health and safety measures – from the psychological risk assessment to workload management – are subject to co-determination under Section 87(1) no. 7 BetrVG together with the Occupational Safety Act (Sec. 5 ArbSchG).
I guide the parties to objectively justified, legally correct measures that secure the organisation's ability to act and effectively protect employees – without creating new points of dispute.
Typical subject matter
Psychological risk assessment. Assessing psychological strain is part of the risk assessment (Section 5 ArbSchG) and its design is enforceably co-determined (Section 87(1) no. 7 BetrVG). Read more →
Workload management & work intensity. Measures to steer workload, pace and intensification serve health protection and, where they implement open-ended occupational-safety standards, are co-determined under Section 87(1) no. 7 BetrVG together with Section 5 ArbSchG. To be settled are criteria for reasonable strain, early-warning indicators and countermeasures against overload.
Method of the risk assessment (Section 5 ArbSchG). Once it is established that a risk assessment must be carried out, the works council co-determines its design (Section 87(1) no. 7 BetrVG) – method, assessment criteria and the derivation of measures. Identifying the hazards themselves is for the employer. To be settled are the procedure, participants, documentation and effectiveness review.
Ergonomic workplace design. Rules on the ergonomic design of workplaces and equipment implement occupational-safety standards and are co-determined under Section 87(1) no. 7 BetrVG together with the ArbSchG/Workplace Ordinance. To be settled are assessment criteria, minimum standards for workplaces and the handling of individual adjustments.
Health protection in mobile work. Occupational-safety duties also apply in the home office; their operational design is co-determined under Section 87(1) no. 7 BetrVG. To be settled are the risk assessment for mobile workplaces, minimum ergonomic requirements, instruction and rules on availability and rest periods to protect against boundaryless work.
Shift & night work – reducing strain. Measures to design shift and night work in a health-oriented way (ergonomic findings, Section 6 ArbZG) are co-determined under Section 87(1) no. 7 BetrVG; the position of shifts also engages no. 2. To be settled are shift sequences, break and recovery times, occupational-health checks and the reduction of night work.
Prevention of work-related illness. Prevention concepts against work-related illness (e.g. musculoskeletal disorders, stress) implement occupational-safety standards and are co-determined under Section 87(1) no. 7 BetrVG. To be settled are preventive offers, instruction, the derivation of concrete protective measures and their effectiveness review.
Health protection with technical systems. Where technical systems are used in a way that creates strain (e.g. target times, continuous monitoring, screen work), the protective measures are co-determined under Section 87(1) no. 7 BetrVG; the monitoring-capable technology itself engages no. 6. To be settled are strain limits, breaks, ergonomic requirements and protection against psychological strain.
Noise, climate & hazardous-substance exposure. Protective measures against noise, climate, heat and hazardous-substance exposure give concrete form to occupational-safety standards (Noise/Vibration and Hazardous Substances Ordinances) and are co-determined under Section 87(1) no. 7 BetrVG. To be settled are protective and compensatory measures, personal protective equipment, limit values and occupational-health checks.
Emergency & health-protection concepts. Company emergency, hygiene and health-protection concepts (e.g. first aid, pandemic, evacuation) implement occupational-safety duties and their design is co-determined under Section 87(1) no. 7 BetrVG. To be settled are responsibilities, procedures, instruction and regular review.
How a conciliation committee works
Structured, focused and legally clear
Efficient work is based on clear, transparent planning and realistic timelines. Binding proposals ensure swift, reliable processes – without unnecessary delays.
1
Review of the situation
Full capture of the conflict and the relevant documents.
2
Preparation & structuring
Topics are ordered, prioritised and made ready for negotiation.
3
Facilitation of negotiations
Neutral, focused discussion between the parties.
4
Development of a solution
A balanced, workable arrangement as a basis for the decision.
5
Compliant decision-making
A legally sound decision in line with applicable law.
6
Complete written minutes
Clean, verifiable documentation of the entire procedure.
What shapes my conduct of proceedings
In his main profession, Prof. Dr. Frank Martin is an appointed notary – the holder of a public office bound to neutrality, impartiality and legal certainty.
This same professional understanding also informs his work as chair of a conciliation committee: independence from both parties, precise legal analysis, reliable documentation and confidentiality.
Why companies and works councils appoint me
Neutrality & impartiality
No advocate for either side – committed solely to a fair, legally sound balance.
Independence
Free of instructions and interests – the condition for both sides to agree.
Legal certainty & precision
Decisions that are soundly reasoned and withstand challenge.
Confidentiality
Sensitive operational and personnel data are kept in confidence.
Careful documentation
Complete minutes that keep the result comprehensible and robust.
Experience & authority
30+ years in employment law; teaching labour law at Hochschule RheinMain since 2016 – expertise both sides respect.
Sectors · nationwide
Across Germany for companies and works councils
I chair conciliation committees throughout Germany – on site as well as by video conference. Experience exists in particular in the following sectors.
Industry
Manufacturing
Logistics
Retail
Healthcare
Finance
Chemicals
IT & digital
Aviation
Medical technology
Transport
Insurance
Catering
Frequently asked
Conciliation committee & chair – briefly explained
The key answers for employers, works councils and their advisers.
The conciliation committee is the conflict-resolution body provided for in the German Works Constitution Act (Section 76 BetrVG). If employer and works council cannot agree in a co-determination matter, the equally staffed committee, chaired by an impartial chair, decides with binding effect.
Both parties must agree on the person of the chair. If no agreement is reached, the labour court appoints them. Either way, this requires a person accepted by both the employer and the employee side as independent and professionally recognised.
Yes. The chair represents neither side. I am committed solely to a fair balance and a legally sound decision – towards the employer, the works council and the legal advisers of both parties.
Yes. I chair committees nationwide in all 16 federal states – on site as well as, where suitable, by video conference.
The chair's remuneration follows Section 76a BetrVG and is agreed transparently; it is generally borne by the employer. The exact amount depends on the scope and difficulty of the proceedings.
Guide
Read the guide
Conciliation committee guide
Choosing the chair, process & duration, cost (Section 76a BetrVG) – clear answers for employers and works councils.
Request a conciliation-committee chairman now
For a non-binding initial conversation or a short-notice appointment, I am available across Germany.