Internal Strife Behind the Scenes: German Works Councils Face New Wave of Lawsuits from Their Own Members
26.06.2026 - 00:21:35 | boerse-global.de
At Frankfurt Airport, a bitter power struggle is unfolding behind the closed doors of employee representation. Hakan Cicek, a candidate in the Pentecost 2026 works council election at operator Fraport, has filed a legal challenge alleging serious irregularities. Ballot papers were left freely accessible, he claims, and shredded voting slips were discovered after the count. Cicek wants the election annulled and a fresh vote held under neutral supervision. It is not the first time: a previous election was halted by a court last year.
The Fraport dispute illustrates a growing tension inside German works councils. A study released on June 25, 2026, by the Hans-Böckler-Stiftung shows individual members increasingly ready to take their own bodies to court. The research, authored by Tatjana Volk, maps the constitutional protection of minorities in employee representation and identifies four distinct grounds for lawsuits.
First, training rights under §37 paragraph 6 of the Works Constitution Act (Betriebsverfassungsgesetz). If the council refuses to send a member to essential courses, that member can sue for access. Second, invalid elections or resolutions — exactly the kind of challenge Cicek has brought. Third, accusations of inaction: a council that fails to act on a legitimate issue can be taken to court. Fourth, disproportionate remuneration, when council members suspect their colleagues are drawing excessive compensation.
The courts have also strengthened works council authority in cross-border settings. The Berlin-Brandenburg State Labour Court (LAG Berlin-Brandenburg) issued an interim injunction on April 15, 2026, stopping a Maltese airline from setting duty rosters for staff at Berlin’s BER airport without the local council’s approval. The Federal Labour Court (Bundesarbeitsgericht) upheld the ruling on May 13, confirming that the location qualifies as an independent unit capable of electing its own council.
Beyond formal litigation, everyday working relationships can turn toxic. A specialist article published on June 23 warned that poor climate and heavy deadline pressure can fuel mobbing. It recommended that councils proactively negotiate respectful-conduct agreements and advise affected employees to keep a mobbing diary.
External economic pressures add to the strain. On the same day the Böckler study appeared, Mercedes-Benz’s head of the central works council, Ergun Lümali, flatly rejected management suggestions to introduce a 40-hour week without wage compensation as a cost-cutting measure. At packaging firm Alpla, unions and the works council agreed on a social plan that will cut 155 jobs by year-end, with dismissals weighted by social criteria such as maintenance obligations and length of service.
Adding to the complexity, the Commission on Pension Security recommended on June 24 a rise in contributions from 2028. A separate Hans-Böckler study warned that an increase of two percentage points for the funded pillar could substantially dent purchasing power and consumer demand — and, by extension, overall economic growth.
