The works council’s regular term of office ends four years after it commences, see Section 21 sentence 1 Works Constitution Act (BetrVG). The works council’s term of office begins when the election results are announced or, if a works council is still effective at that date, when its term of office expires, see Section 21 sentence 2 Works Constitution Act.
The term of office comes to an end regardless of whether a new election has already taken place at the end of the four-year period. Section 21 sentence 3 Works Constitution Act provides no other alternatives. According to this law, the term of office comes to an end, “at the latest”, on May 31 of the election year. Objective of the law: In the event of a regular works council election, the term of office does not extend beyond May 31 of the election year. As such, a regular term of office may also be shorter than four years. For example, this applies in cases in which elections are held in the period from March 1 to May 31, yet the election results are announced after May 31. Section 21 sentence 1 Works Constitution Act does not provide for an extension beyond the standard four-year term of office.
If the works council has been elected outside the regular election cycle, but has already been in office for one year or more on March 1 of the next regular election year, a works council election must be held, despite the fact that the regular four-year term of office pursuant to Section 21 sentence 1 Works Constitution Act has not yet expired. Therefore, Section 21 sentence 3 Works Constitution Act shortens the term of office of such a works council to May 31 of the election year.
In the cases set forth in Section 13 (3) sentence 2 Works Constitution Act, in which the works council has not been in office for at least one year as of March 1 in the regular works council election year, the term of office ends on May 31 of the election year after next “at the latest” (Section 21 sentence 4 Works Constitution Act). By using the phrase “at the latest”, the term of office also ends before May 31, namely when the election results for the newly elected works council are announced. The same also applies if the works council has been elected outside the regular election cycle, but has already been in office for one year or more as of March 1 in the next regular election year. In this case, a new works council election must be held between March 1 and May 31 in the next election year. The term of office of this extraordinarily elected works council also ends when the election results of the newly elected works council are announced. However, the term ends on May 31 of the next election year “at the latest”.
If the size of the workforce changes by 50% after 24 months after the election date, or if the number of works council members falls below the stipulated number, the works council’s term of office ends when the election results of the newly elected works council are announced, see Section 21 sentence 5 Works Constitution Act.
The specific constellation determines the exact term of office.
