When is a conciliation committee enforceable?
Not every conflict can be forced to a conciliation committee. What matters is whether the issue is subject to mandatory co-determination. This guide explains the difference between an enforceable and a voluntary conciliation committee – and when the award is binding.
Enforceable conciliation committee
In matters of mandatory (enforceable) co-determination, the committee acts on the application of just one side. Its award replaces the agreement between employer and works council – so it is binding even without the other side's consent. Neither side can avoid the procedure.
Voluntary conciliation committee
In all other matters, the committee only acts if both sides agree. Its award is binding only if both sides submit to it in advance or afterwards (Section 76(5) and (6) BetrVG).
Typical enforceable matters
- Social matters (Section 87 BetrVG) – working time, technical systems, pay principles, health protection
- Occupational health and safety measures (Section 91 BetrVG)
- Personnel selection guidelines (Section 95 BetrVG)
- Company vocational training (Sections 97(2), 98 BetrVG)
- Social plan for operational changes (Section 112 BetrVG)
Examples of voluntary matters
- The reconciliation of interests (Section 112) – it is not enforceable
- Economic matters without mandatory co-determination
- Voluntary works agreements (Section 88 BetrVG)
Briefly answered
No. The committee is enforceable only in matters of mandatory co-determination – for example social matters (Section 87 BetrVG), selection guidelines (Section 95) or the social plan (Section 112). In all other cases it is voluntary and only acts if both sides agree.
Either side – employer or works council. In enforceable matters the other side cannot avoid the procedure.
No. The reconciliation of interests (Section 112 BetrVG) is not enforceable; if it does not come about, a compensation for disadvantages under Section 113 BetrVG may apply. Only the social plan is enforceable.
More in the guide: Social plan & reconciliation of interests · Process & duration · all guides
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