Works council and co-determination
What a works council wants to see before an outsourcing decision.
A guide through works council involvement in outsourcing decisions. We supply the information the employer needs to run the process well, and do not advise on the obligations themselves.
01Early information
What it is about
As soon as an outsourcing is genuinely being considered, the works council must be informed in good time and comprehensively. In good time means before the decision is effectively taken, not after.
Documentation that helps
A legible account of the plan: delivery model, scope affected, timeline and whether and how employment changes.
Where it typically stalls
When the works council feels presented with a fait accompli. Early, open information prevents this.
02Economic committee
What it is about
In companies above a certain size the economic committee must be informed about economic matters, which an outsourcing of this scale regularly is.
Documentation that helps
The economic parameters of the plan in a form that allows a substantive discussion.
Where it typically stalls
When the information provided is too thin to support a discussion and has to be requested again.
03Consultation on the operational change
What it is about
Where the outsourcing amounts to an operational change, the works council must be involved. The process serves to balance interests and must be conducted with an open outcome.
Documentation that helps
The scope of the outsourced work, the data protection position, the security posture and an assessment of employment impact.
Where it typically stalls
When data protection and employment questions stay open. This is exactly where we supply the employer with the documentation a substantive consultation needs.
04Reconciliation of interests and social plan
What it is about
Where an operational change brings disadvantages for the workforce, a reconciliation of interests and, where applicable, a social plan are negotiated.
Documentation that helps
A reliable account of whether and to what extent roles are affected; frequently the outsourcing is structured as capacity addition without reductions.
Where it typically stalls
When the employment impact is unclear. An engagement cleanly structured as capacity addition shortens this part materially.
05Our role
What it is about
We do not advise you on co-determination questions, that is what lawyers are for. We supply the documentation a works council legitimately wants to see, in structured form and in German.
Documentation that helps
Delivery model, data protection position, scope of the outsourced work, security posture and employment impact, prepared for your process.
Where it typically stalls
On one engagement, supplying this documentation in structured form shortened a consultation from an expected several months to nine weeks.
Let us talk about what you need.
Tell us which function you want to outsource, in which languages and at what scale. You get a substantive answer rather than a brochure.
We answer every enquiry within six hours.