Costs for training works councils. Is this always borne by the employer?

April 18, 2022

The Federal Labor Court has Resolution of November 17.11.2021, XNUMX (Az: 7 ABR 27/20) decided that the employer has to bear the costs for the initial training of a works council member even if the organizer gives the participants labor laws, a commentary on the Works Constitution Act and a tablet in order to carry out their tasks.

1. THE FACT

A works council member elected for the first time took part in basic training in order to be able to fulfill his duties as a works council. The organizer (not a union) offered a five-day event with full catering. In addition, all participants received a so-called “starter set”. This included, among other things, labor laws, a commentary on the Works Constitution Act and a tablet. The training cost around EUR 700 net. The employer refused to cover the costs. Both the Darmstadt Labor Court and the Hessian State Labor Court sentenced the company to release the works council member for the training and to cover the costs. The legal complaint to the Federal Labor Court was unsuccessful.

2. DECISION

According to the Federal Labor Court, the works council member concerned has, in accordance with §§ 40 paragraph 1, 37 Para. 6 BetrVG a claim to exemption and reimbursement of costs from the employer. A newly elected works council member is entitled to basic training in labor law. Such a thing is necessary. But the costs would have to be reasonable. After all, this is borne by the employer. Only then would they meet the requirement of trusting cooperation. According to the Federal Labor Court, the employer has not demonstrated that there is training that is of equal quality and yet cheaper. In this respect, the addition of books and tablets does not play any role. The standard remains appropriateness.

3. CONCLUSION AND RECOMMENDATIONS FOR ACTION

With regard to works council training, there are often disputes between the employer and the works council. In substance, the decision corresponds to the previous line of case law. The standard of appropriateness remains the same even when adding “material resources” such as a tablet. If the employer is of the opinion that works council training is too expensive, then he must demonstrate that there is a training course of equal quality that is cheaper. Experience has shown that this causes great difficulties in practice. This is also because the training offering cannot be easily “googled”. Nevertheless, in individual cases a short search on the Internet may be worthwhile.

With regard to works council training, it is also important to differentiate precisely according to the respective basis of the claim. Is this a training course? Section 37 Paragraph 7 BetrVG or about such Section 37 Paragraph 6 BetrVG? Since the eligibility requirements and the content of the claim are different, the employer's defense strategy must be appropriate in each case.

We also deal with the topic of works council training and cost-bearing by the employer in the seminar “Successful dealings with the works council“ at the FORUM Institute.