Criminal law – Heil wants to facilitate the formation of works councils – Economy

Federal Minister of Labor Hubertus Heil wants to make it easier for works councils to form by tightening criminal law, even in the face of employer resistance. The SPD politician told the “Augsburger Allgemeine” that the disturbance or obstruction of the establishment of a works council should in future be prosecuted by the judiciary on suspicion ex officio as a criminal offense even without a report being submitted. Disability is already prohibited in the Works Constitution Act and is punishable by a fine or imprisonment of up to one year. “In reality, however, we see again and again that people who want to set up works councils are harassed,” said Heil. “That’s why I will make sure that those who obstruct the establishment of works councils will soon have to deal with the public prosecutor.” So far, according to Section 119 of the Works Constitution Act, obstructing works council elections has been a criminal offense and can only be prosecuted at the request of employee representatives, trade unions or the company. “Many do not dare to report the obstruction of a works council for fear of losing their job,” said Heil. “In the future, it will therefore be sufficient for a law enforcement agency to be aware of such a process. They then have to start investigations. We will change the law accordingly.”

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