The current situation imposes many challenges on employers and employees alike. It also poses new questions on the co-operation process between employer and works council, and the latter’s co-determination. While nobody is questioning that the works council’s co-determination rights continue to apply, employers are often found wondering how best to consult the works council when regular operations are suspended. After all, business needs to continue, which can also mean that personnel measures such as terminations, onboarding, promotions, and other changes need to be carried out – all of which are subject to works council consultation. This is particularly important as notices of termination issued by an employer are invalid if the employer did not involve the works council properly.

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