Works council
A works council (Betriebsrat in Germany, comité d'entreprise / CSE in France) is an elected body of employees with co-determination rights on certain HR decisions, including some aspects of hiring.
Where works councils exist
Different rules per country:
- Germany (Betriebsrat): any workplace with 5+ permanent employees can elect one. Required for some decisions above certain thresholds.
- France (CSE): mandatory at 11+ employees, with expanding scope at 50+.
- Netherlands (Ondernemingsraad): required at 50+ employees.
- Spain: workers’ delegates at 6+, full works councils at 50+.
The exact powers vary, but the pattern holds: above small-team scale, EU member states require some form of organized employee voice on certain HR decisions.
Hiring implications
Works councils typically have rights to:
- Be informed about the headcount plan and new role openings.
- Be consulted on certain hiring decisions, particularly those affecting workforce composition.
- Co-decide on changes that affect working conditions (less common for individual hires; more common for restructuring).
The specifics vary substantially by country and by collective agreement.
What this means for SMBs scaling into Europe
Three practical points:
- Plan headcount with the council, not at the council. Surprise on a Monday meeting is the failure mode that produces friction.
- Document the hiring plan formally. What looks like overhead pays back when a council representative asks for justification.
- Local counsel matters. Works council law is jurisdiction-specific and not intuitively transferable from one country to another.