Forschungs- und Beratungsstelle für betriebliche Arbeitnehmerfragen

Co-determination in individual staff measures – practical basics and strategies to deal with HR and personnel affairs (BR2)

HR and personnel affairs constitute one core business of the works council and the works committee. Different forms of co-determination are involved in areas from HR and manpower planning, recruitment including assessment criteria, selection processes and corresponding guidelines up to individual staff movement and qualification.
How can be dealt with HR affairs, what is the legal framework and how does an efficient co-determination with respect to the Works Constitution Act (WCA/BetrVG) look like? What differentiates individual staff movements like recruitment, grading, regrading and transfer and what fundamentals have to be considered? This seminar will give an introduction to this important area. The objective is to provide members of the woco with practical and theoretical knowledge for their day to day business.

The seminar will focus on the following subject matters:

• Introduction to the area of HR and personnel affairs
• Co-determination in individual staff movements (recruitment, grading, regrading and transfer) (sec.99 WCA onwards)
• Co-determination in dismissals (sec.102 WCA)
• Presentation and discussion of relevant sections of the Works Constitution Act and other legislation
• Practical approach how to deal with HR affairs in the works committee and the works council
• Basics of HR and manpower planning (sec. 92 WCA onwards)

1. Introduction to the area of HR and personnel affairs

2. Introduction to the legal framework for HR and the corresponding WCA and other legislation

3. Individual staff measures
3.1 Introduction to sec. 99 WCA
3.2 Transfer according to sec. 95 (3) WCA
3.3 Co-determination in individual personnel measures
(sec. 99 WCA)
3.4 Temporary staff movements (sec. 100 WCA)
3.5 Basics of (re-)grading and remuneration systems

4. Participation and co-determination in dismissals

4.1 Dismissal types and consultation rights for the woco
4.2 Notice periods and consequences
4.3 Relevant legislation
4.4 Participation of the woco (sec.102 WCA)
4.5 Working group activities related to dismissals
4.6 Forms of dismissal and means of action
4.7 Legal bases for dismissals

5. Introduction HR & manpower planning (sec. 92 WCA)

6. Making sense out of co-determination in HR and how to deal practically and efficiently with this area.