The training entitlement of works council members
Works council members have a statutory training entitlement vis-à-vis their employer: if training is necessary for a works council member, the employer must bear the costs of the training or grant them time off for this training.
According to the Federal Labour Court, training is necessary ‘if, taking into account the specific circumstances in the company and in the works council, the training is necessary to enable the works council to perform its current or future tasks properly and professionally’.
This alone can lead to differences of opinion between the works council and the employer. Additional potential for conflict arises if the works council books a relatively expensive face-to-face training course even though the same content is available as a webinar. After all, the employer would not have to pay any travel expenses for online training.
The works council’s discretion
When deciding on participation in training courses, the works council generally has a certain degree of discretion with regard to the training format, content and location.
However, when making its decisions, the works council must take into account not only the interests of its members but also the operational concerns of the employer. If two training courses are equally suitable, it must therefore choose the cheaper one.
But does this mean that employers can refer works council members to identical online training courses in order to save travel expenses?
In-person vs. webinar – the case before the Federal Labour Court
The staff council booked a multi-day basic training course on works constitution law in Potsdam for two new members of a staff representative body from the Rhineland. Cheaper, but equally suitable in-person training courses did not fit the schedule of the two participants, partly due to holiday commitments.
However, the employer only covered the training costs, but not the travel expenses of around €1,000. The members of the staff council – to whom the BetrVG applied – could have participated in an online training course with the same content at the same time.
The staff council argued that a face-to-face event would have a significantly better learning effect than a webinar. The employer should therefore also bear the travel costs in this case.
Face-to-face events more efficient
This view was upheld, and the employer was also required to cover the travel expenses.
This is because, although a works council must take the employer’s operational interests into account when selecting training courses, it is not required to choose the ‘cheaper’ option if the more expensive training course is more appropriate in terms of content or better in terms of quality. However, the decision must be based on objective evaluation criteria, not subjective considerations.
According to the Federal Labour Court (BAG), the fact that face-to-face training courses are generally more expensive does not preclude this (decision of 7 February 2024, ref.: 7 ABR 8/23), even if a corresponding webinar on the same topic could have been booked at the same time.
The BAG also recognised that a face-to-face event is significantly more efficient than a webinar in terms of learning success, even if the content is identical.
Endless training costs?
However, this ruling does not mean that employers must bear all conceivable training costs for works councils: the costs must remain proportionate. This is required by the principle of cost avoidance and the requirement of trustful cooperation between the employer and the works council.
Ultimately, therefore, it always depends on a concrete assessment of the individual case.
What we can do for you
Do you have questions about the training rights of works councils? Feel free to contact us!
The most important points in brief:
- Works councils are entitled to training, and employers must bear the costs of training that is specifically required.
- In principle, the works council must also take the employer’s financial interests into account when selecting training courses.
- If a webinar and a face-to-face event have the same content and take place on the same date, the works council is not necessarily required to book the cheaper webinar. The greater learning effect of face-to-face training justifies the higher costs.
