Germany Strengthens Workers' Representation Rights as AGG Reforms and Election Season Approach

Berlin – A wave of legal and regulatory changes is reshaping the landscape for employee representation in Germany, with fresh protections for sick workers, longer deadlines for discrimination claims, and preparations for next year’s works council elections all coming into focus.

On 6 May 2026, the German cabinet approved amendments to the General Equal Treatment Act (AGG). The deadline for asserting claims has been extended from two to four months, and protection against sexual harassment now covers areas beyond the immediate workplace. The changes mark a significant expansion of anti-discrimination safeguards for employees.

Sick No Bar to Candidacy

Just weeks later, in early June 2026, experts in company-level codetermination clarified a key point: employees who are medically unfit for work can still stand for office on a central works council (Gesamtbetriebsrat) without having to appear in person. A written declaration of candidacy is sufficient, and the nomination can be submitted by substitute members or other delegated committee members. The ruling ensures democratic participation for those sidelined by illness.

The Federal Labour Court (BAG) has also strengthened sick workers’ financial rights. In its decision 6 AZR 210/22, it held that employers must continue paying wages when a scheduled on-call duty is missed due to illness. Church employment contract regulations cannot set less favourable terms for employees in such cases.

Reintegration Pays Off

Workplace reintegration management (BEM) is gaining traction as a statutory requirement. Under Section 167(2) of the German Social Code (SGB IX), an employer must initiate BEM whenever an employee has been unfit for work for more than six weeks within a twelve-month period. Investment in the programme delivers a clear return: a model calculation shows that every euro spent on BEM can generate €4.80 in benefits. That is especially relevant given a Civey survey indicating that 58.7 percent of employees now report a higher workload than before.

VW Plant Rejects Closure Rumours

At a works meeting on 3 June 2026, the head of the works council at Volkswagen’s Salzgitter plant, Björn Harmening, pushed back against speculation about possible shutdowns. He pointed to agreements reached in 2024 that rule out plant closures. Nevertheless, the workforce is under strain from US tariffs and competition in the Chinese market, Harmening acknowledged.

Union Prepares for Elections, Old Scandal Resurfaces

Meanwhile, the rail and transport union EVG is gearing up for the 2026 works council elections. In a separate development, fresh evidence emerged in early June 2026 suggesting that a 2022 works council election at the bus company NVG was manipulated, reviving an older scandal that is now drawing judicial scrutiny.

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