Works Council Elections 2026 are approaching - what companies should prepare now

Frau Rechtsanwaeltin Rejin Sherzad Ahmed, Mi. 25 Februar 2026

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The next works council elections in Germany will take place from 01 March to 31 May 2026. For companies, strategic preparation starts much earlier. Works council elections are not a purely formal process. They are legally complex, organizationally demanding, and require a clear strategy. Mistakes can lead to significant legal consequences. Election challenges and internal conflicts can become costly in time and money. That is why I recommend preparing in the following way:

1. Early review of headcount: The correct procedure (simplified or regular) depends on the size of the establishment. Recommended:
2. Determine the relevant employee headcount
3. Check the correct election procedure
4. Document the calculation basis

5. Analyze special constellations (part-time, temporary agency work, matrix structures)

6. Define clear internal responsibilities: Unclear roles cause delays and communication errors. Recommended:

7. Appoint a central internal contact person
8. Coordinate between HR, management, and legal if applicable

9. Align early on the organizational support for the election committee

10. Inform and train managers early: Many legal issues arise from lack of knowledge. Recommended:

11. Training on the neutrality requirement
12. Clear communication guidelines

13. Prohibition of any influence on candidacies or voting decisions

14. Clearly distinguish senior executives: Classification under Section 5(3) BetrVG depends on actual authority, not job titles. Recommended:

15. Legal review of relevant positions
16. Documented decision criteria

17. Transparent communication to those affected

18. Document all key steps: Documentation is a central risk management tool. Recommended:

19. Written records of internal coordination
20. Proof of proper support
21. Archiving of relevant documents

Works council elections shape cooperation for the next four years. Companies that

• prepare professionally,
• actively manage legal risks, and
• communicate transparently,

do not only avoid mistakes, they also strengthen governance structures and internal trust. Structured preparation significantly reduces legal and economic risks.

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tags: #Works Council #Employment Law #en