Works council elections 2026: procedure, deadlines and typical pitfalls

With only a few months to go until the works council elections, it is high time for the right preparation! But how? Find out in our new blog series.

The next regular works council elections are scheduled to take place between 1 March and 31 May 2026 – and for many companies this marks the start of a phase of legal, organisational and communication challenges. Anyone familiar with the process will know that the elections follow a strict, formalised procedure. Errors can have serious consequences and can lead to an election being contested or even being declared null and void (although this is rare in practice).

In our new blog series, we will shed light on current legal issues, action that can be taken and pitfalls relating to business structures, election procedures and communication. It is a must-read for anyone who wants to be well prepared for this cycle of elections. This first article will cover the election procedure and the key to-dos.

Before the works council election: businesses and other units eligible for works council representation

The basic prerequisite for holding a works council election is the existence of a business eligible for works council representation within the meaning of section 1 (1) German Works Constitution Act (BetrVG). A business (Betrieb) is defined as an organisational unit within which the employer together with employees pursues specific goals of a work-related nature for a continuous period of time.

In group or company structures, it is always necessary to check exactly where individual business begin and end – especially in the case of sites at which there are several different departments, joint service companies or matrix structures – and which employees must be allocated to which business. We will dedicate a separate article in our series to the topic of voting eligibility in matrix structures since it is currently a topical issue.

Irrespective of the conventional way of determining which employees belong to which business, section 3 German Works Constitution Act (BetrVG) provides for the possibility of defining different units for the election through collective bargaining agreements or, subject to certain conditions, through works agreements. Agreements on the formation of a company-wide works council, the consolidation of several businesses or the establishment of works councils for different lines of business are permissible for example. As such agreements form the basis for the voters' list and the size of the future works council, they should be concluded or adjusted to current developments or needs before the election is initiated if possible. In our blog series, we will explain in more detail what is permissible in such structural agreements pursuant to section 3 German Works Constitution Act (BetrVG) and what is not.

Tip for companies: In complex group and/or company structures, it is advisable to analyse the business organisation at an early stage so that any necessary adjustments can be made in good time and to avoid the business structure and allocation of employees being called into question after the election. CMS can assist you with this.

Initiating the election procedure: appointing the electoral board

The procedure does not start automatically: an electoral board must first be appointed – this is the responsibility of the works council in office which must do this at least ten weeks before the end of its term of office (section 16 (1) German Works Constitution Act (BetrVG)). If there is not yet a works council – or a company or group works council – the election can also be initiated by a works meeting at which an electoral board is elected (section 17 German Works Constitution Act (BetrVG)).

Tip for companies: The works council is responsible for appointing the electoral board but the HR department should be on hand to provide advice and assistance – but without jeopardising the independence of the electoral board.

Voters' list: not only the basis for the election procedure

The central component of every works council election is the voters' list. It must be published no later than six weeks before the election day and lists all employees who are actively and passively eligible to vote (sections 7, 8 German Works Constitution Act (BetrVG)). The number of persons eligible to vote not only determines the size of the works council to be elected (section 9 German Works Constitution Act (BetrVG)) but also the election procedure that applies:

• Regular election procedure: where the business is made up of more than 100 employees eligible to vote.
• Simplified election procedure: mandatory for up to 50 employees eligible to vote, optional for up to 100 employees eligible to vote (section 14a German Works Constitution Act (BetrVG)).

Election notice as the signal for the start of the actual works council election phase

The electoral board must issue the election notice no later than six weeks before the day of the election. This must contain all the key data listed in section 3 (2) Electoral Regulations (WO), in particular:

• the number of works council members to be elected
• the deadline for objections to the voters' list and to whom such objections should be addressed
• the deadline and requirements for the submission of nominations
• day and location of the election

Tip for companies: After the election notice has been issued, the "critical phase" begins. The company should ensure that it remains neutral; even subtle attempts to exert influence can lead to an election being contested or even worse. However, not every kind of intervention is regarded as being an obstruction of the election or impermissible influence on the election. What is permissible and what is not will be the subject of a later article in our blog series.

Submission of nominations and review by the electoral board

The election notice is followed by the candidate nomination phase: employees eligible to vote may submit nominations to the electoral board within a period of two weeks from when the election notice is issued. Certain requirements relating to form must be observed in this respect (e.g. personal details of candidates). Supporting signatures are also required for businesses with more than 20 employees – how many depends on the size of the business.

The electoral board checks the nominations submitted to ensure that they are valid and complete and have been submitted by the deadline. If at least one valid nomination has not been submitted by the deadline, the electoral board must set a subsequent deadline. If the list of nominations is in order, the electoral board must publish it at least one week before the election.

Conducting the election

On the day of the election votes are cast in person at the business (ballot box voting) as a rule. Alternatively, it is possible to cast a postal vote. There are a few pitfalls to watch out for in this connection which we will explain in another article in this series. The latter might be necessary, for example, where employees work at different sites or remotely – the company can provide support in this connection by providing the electoral board with reliable information about the employees and their respective places of work. At present votes cannot be cast online. It cannot be ruled out that this will change in the short term. However, it is rather unlikely.

After the end of the election, the electoral board counts the votes publicly and draws up a record of the result of the election. It also informs the elected employees that they have been elected and informs the employees allocated to the business of the results of the election; trade unions represented in the business must also be informed (section 18 Electoral Regulations (WO)).

Constitutive meeting

After the election, the electoral board must invite the newly elected works council members to a constitutive meeting within one week at which a chairperson and deputy chairperson are then elected. The constitutive meeting ends with the election of the works council chairperson and deputy chairperson and the works council can commence its work. 

Role of the employer – supporting the works council, not controlling it

Employers should be aware of their supportive but neutral role in works council elections. The following points are particularly important:

• Determining the business and allocating to it the employees eligible to vote
• Providing up-to-date employee data (e.g. for the voters' list)
• Organising rooms, IT, postal vote documents, etc.
• Not influencing candidates or the procedure
• Exercising sensitivity with regard to "election campaign" communication in the business

Now the works council election can begin!

Works council elections are not a trifling matter. It is important that companies support the procedure efficiently and in a legally watertight manner without interfering with the autonomy of the electoral board. Our new blog series will serve as good preparation – and we are, of course, also happy to provide advice for your specific situation.