Works Council Representative Paid Hours and Rights
Credit for Paid Working Hours
For the exercise of their representative functions, members of the works council and staff representatives are entitled to a minimum number of monthly paid hours. This allocation varies based on the number of employees at each workplace according to the following scale:
- Up to 100 employees: 15 hours
- 101–250 employees: 20 hours
- 251–500 employees: 30 hours
- 501–750 employees: 35 hours
- 751+ employees: 40 hours
Adjustments and Accumulation
The number of hours must be adjusted proportionally to changes in the workforce. Collective agreements may extend these credit hours and allow for the accumulation of hours among representatives, potentially leading to the total liberation of work duties for some, without loss of pay. If a representative ceases their duties, the assigned credit hours are forfeited. Unless otherwise agreed upon, the transfer of hours between representatives is permitted in cases of absence due to leave, vacation, or other causes. Upon the substitution of one representative by another, the new representative is entitled to the full credit of hours, regardless of the usage by their predecessor.
Remuneration and Usage
The credit calculation is based on monthly hours, and hours cannot be accumulated across different months. Regarding remuneration, the representative's wages must remain unaffected, ensuring they receive the same amount as if they were actively working. This includes applicable job allowances such as night shift or punctuality bonuses. However, overtime that would have been earned had the representative remained at their post is not included.
Representative Autonomy
Representatives have free availability of their credit hours, meaning they choose when to use them and the nature of the activity performed during that time. Absence from the workplace to utilize these hours is permitted and justified. No special permit is required; the representative must simply notify the employer, who is bound to grant the leave except in extraordinary circumstances.