DThe election of the works council at the headquarters of Daimler AG in Stuttgart a year ago was declared ineffective by the Labor Court. Daimler has called a total of 17,000 employees for the 41-member works council of the headquarters, including employees from Gernsbach a hundred kilometers away and Berlin (600 kilometers).
With this misunderstanding of the operating concept, the company had violated essential election provisions of the Works Constitution Act, the Chamber ruled under the chairmanship of Michael Büchele, vice-president of the Stuttgart Labor Court. The judgment is not final (file number 21 BV 62/18). At Daimler, a complaint to the Landesarbeitsgericht is only taken when the written opinion has been given. Should the judgment become final, the election would have to be repeated.
"Self-employed units ready for use"
The decision of the Stuttgart Labor Court should be closely watched by many companies. The units involved involved ten Berlin-based lobbying employees and 26 Gernsbach training center employees.
Both are, however, according to the decision of the Labor Court, "independent self-employed units". According to the sense and purpose of the Works Constitution Act, an effective support of the employees due to the long distance to the central office is not possible – not even by the possibility of videoconferencing or the like. The fact that no employee of these units had stood for election and the voter turnout with six votes was very low, argue that the employees would not be represented by the works council in Stuttgart, the argumentation of the court.
The contesting of the election had been based on five employees, who had run on different lists for the works council, but had not been elected. They had put forward other reasons for the challenge; Among other things, they complained the summary of various Stuttgart operations to the "headquarters". This argument was not followed by the Labor Court.
. (dayToTranslate) Michael Büchele (t) Works Council (t) Daimler (t) ISIN_DE0007100000 (t) Works Council Election (t) Labor Court (t) Stuttgart