Works council and youth and trainee representation (JAV): Your voice in the company

In short: Works council and JAV represent employees and trainees towards management, watch over compliance with laws and contracts and are a contact point in case of problems.

In more detail: In companies with five or more employees a works council can be elected; if these include young people and trainees, a JAV can also be formed. In the public sector staff council and youth and trainee representation correspond. The legal basis is the Works Constitution Act (BetrVG). This is general information and not legal advice; figures and rules change and depend on industry, collective agreement and individual case. For questions the chamber’s training advisers, works council, youth representation, union or advice centres help.

In Depth

What they do

• Monitor that laws, collective agreements and works agreements are complied with (working time, youth employment protection, training plans).
• Co-determine working time, holiday planning, monitoring, hiring and dismissal, training.
• Receive and represent employees’ concerns, without the company learning who complained if desired.
• Conclude works agreements with management.
• The JAV looks after concerns of under-18s and trainees (takeover, training quality, overtime, vocational school) and attends works council meetings.

Why it helps you

As a trainee you are in the weaker position. JAV and works council are contacts if you do overtime, get tasks unrelated to training, are not trained, have problems with pay, holiday, bullying or takeover is uncertain. Members have special protection against dismissal and are subject to confidentiality if you tell them confidential things.

Taking part and voting

All adult employees (and for the JAV employees under 18 and trainees up to 25) may vote; elections take place every two years (JAV) or four years (works council). You can stand if you meet the requirements; the office is honorary (release for tasks and training courses). Turnout and candidacies strengthen the representation.

If there is no works council

In small businesses the following help: union (advice, legal protection), chamber (training advice), vocational school, advice centres, trade inspectorate for health and youth protection. You can also bring concerns together with colleagues. Document incidents. Disadvantage for exercising your rights is prohibited (prohibition of victimisation).

See also: Youth Employment Protection Act, Overtime and working time, Training contract, Relevant laws in IT training