According to the Works Constitution Act (BetrVG), works councils in Germany are entitled to training courses that provide knowledge necessary for their work, with the costs to be covered by the employer. These costs can include accommodation and catering for an external live on-hands training.
However, since the employer can only be charged with costs deemed reasonable by the works council, especially when selecting a hotel for external training, the question arises whether the works council can be referred to a webinar instead of an external live on-hands training, particularly if the same organizer offers it on the same topic.
The Federal Labor Court (BAG) in Germany recently addressed this issue. At the end of August 2021, a staff representative body sent two of its members to a multi-day basic training course on works constitution law in Potsdam. The employer covered the seminar fee but refused to pay for accommodation and meals, arguing that the members could have attended a webinar offered by the same provider with the same content at the same time. In the labor court proceedings initiated by the staff representatives, they claimed that the employer should also bear the costs of accommodation and meals. The lower courts ruled in favor of the staff representatives.
The employer’s legal appeal was unsuccessful before the Seventh Senate of the BAG (decision of February 07, 2024, 7 ABR 8/23). Staff representatives have a certain leeway in assessing which training courses to send their members to, similar to works councils. This leeway includes the training format, and the higher costs associated with a live on-hands training compared to a webinar do not automatically preclude this choice. Although the decision concerned a staff representative body, it also sets a precedent for works council training.
For more detailed information on this topic, our team is here to assist with any legal inquiries and support your works council training needs.