Staff Meeting
Term and Legal Definition
The staff meeting is a regularly held, internal company event attended by the entire workforce of a company or business. It serves to inform, educate, and advise employees on operational matters. Legally, the staff meeting is regulated in Germany by various laws, with the Works Constitution Act (BetrVG) playing a central role. The staff meeting must be distinguished from other internal company events such as the works meeting or the employee meeting.
Legal Basis
Works Constitution Act (BetrVG)
The Works Constitution Act provides the most important legal basis for the organization and execution of staff meetings. According to Section 42 BetrVG, the works meeting is the central body for internal company communication between the employer, works council, and employees. Strictly in its wording, the BetrVG specifically mentions works meetings, but in practice, staff meetings are also referred to, with the terms often used synonymously in application.
Distinction from the Works Meeting
The works meeting (Sections 42 ff. BetrVG) is limited to businesses with a works council, whereas the term staff meeting is also applied in companies without a works council and in other operational contexts, for example, in public service institutions or under church labor law regulations. Staff meetings are also referred to in some cases where co-determination rights are governed by collective agreements.
Scope and Areas of Application
Staff meetings are used in particular in the following legal contexts:
- In the private sector on the basis of collective agreements or company agreements,
- In the public sector according to the Personnel Representation Act (e.g., Sections 46-48 BPersVG),
- In church-influenced employment relationships according to co-determination or employee representation regulations.
Objectives and Tasks of the Staff Meeting
The staff meeting pursues various objectives under labor law:
- Informing employees about company-relevant processes
- Discussion and deliberation of operational concerns with company management
- Consultation and exchange between the employer side and employees
- Exercise of participation and co-determination rights, as provided by law, collective agreement, or company agreement
Composition and Participation
Eligible Participants
In principle, all employees of the business or organizational unit for which the staff meeting has been convened are entitled to participate. In special cases, senior executives, employee representatives, or invited guests such as external experts are also eligible to participate, provided this is stipulated by relevant regulations or by invitation.
Employer and Management
The employer and their representatives generally attend the staff meeting. They are obliged to provide information and answers and participate in an advisory capacity.
Convening, Execution, and Process
Right to Convene
The right to convene a staff meeting is determined by the relevant legal or collective agreement basis. If a works council exists, the right to convene under Section 43 (1) BetrVG lies with the works council; otherwise, company management or a specified number of employees may request the meeting. In the public sector and church institutions, different convening regulations may apply.
Frequency and Scheduling
Frequency and duration are determined by statutory requirements, collective agreements, or company practices. According to Section 43 BetrVG, at least one works meeting must be held per calendar quarter. Extraordinary meetings are permissible on special occasions (e.g., planned mass layoffs, company takeovers, significant internal changes).
Invitation Formalities
The invitation to the staff meeting is issued in accordance with statutory provisions, company agreements, or collective agreement regulations within a reasonable period and stating the agenda. The invitation must be made known to all eligible persons.
Proceedings of the Meeting
Typical agenda items are:
- Opening and welcome
- Report of the works council or employee representation
- Report from company management
- Discussion and debate on specific agenda items
- Resolutions or recommendations, where provided
Regulations on minutes and options for adding further agenda items can be found in the relevant legal regulations or company agreements.
Legal Effects and Consequences
Quorum and Powers
Legally binding resolutions may be passed depending on the applicable legal basis. The staff meeting can, for example, issue recommendations to the employer, raise motions of no confidence against the works council, or in exceptional cases suggest measures to extend participation rights. Decision-making powers that directly change company processes or legal structures usually do not exist, unless statutory or collective agreement provisions provide otherwise.
Protection and Participation Rights
Participation in the staff meeting generally takes place during working hours, without employees suffering any loss of earnings (Section 44 (1) BetrVG). Disadvantages as a result of participation are legally prohibited. Data protection and the protection of company internal information must particularly be observed when publishing meeting minutes or discussion results.
Compensation for Working Time and Costs
As long as the staff meeting takes place during working hours, it counts as regular working time according to legal provisions and various collective agreements. No entitlement to reduced pay or additional work arises as a result.
Confidentiality and Data Protection
When conducting staff meetings, data protection regulations (e.g., under the General Data Protection Regulation) must be observed. Business and trade secrets may not be disclosed without authorization. The invitation, execution, and recording of the meeting must be carried out in compliance with data protection requirements.
Relationship with Other Employee Representations
In companies with a works council, youth and trainee representation, or representation for severely disabled employees, these bodies may play an active role in organizing and conducting the staff meeting. In businesses without a works council, the meeting often serves as the central forum for internal company communication.
Summary
The staff meeting is a legally prescribed instrument for internal company information, participation, and co-determination of employees. It provides a legally regulated framework for exchange between the workforce, company management, and employee representations. The legal foundations, rights, and obligations are regulated in numerous labor law provisions and are primarily based on the Works Constitution Act, personnel representation law, as well as relevant collective agreements and company agreements.
Relevant regulations:
- Works Constitution Act (BetrVG), in particular Sections 42-46
- Personnel Representation Laws of the federal states and the federal government (e.g., BPersVG)
- General Data Protection Regulation (GDPR)
- Collective agreements and company agreements
See also:
- Works Meeting
- Personnel Meeting
- Works Council
- Employee Representation
- Employee Participation
Frequently Asked Questions
Who is entitled to convene a staff meeting?
The right to convene a staff meeting generally lies with the works council under Section 43 BetrVG. The works council independently decides when and on which topics a meeting is to be held and invites all employees of the business. In businesses without a works council, at least one quarter of the eligible employees may apply for a meeting under Section 44 (1) BetrVG, in which case the meeting is either chaired by these employees themselves or by a person they appoint. The convening must be structured so that all affected employees are able to participate. The company management may only attend the meeting if expressly invited by the works council.
What topics may be addressed at a staff meeting?
The staff meeting is a forum for operational matters, particularly for information about the activities of the works council, the situation of the business and the company, personnel and social policies, as well as questions of occupational health and safety. The legal framework under Section 45 BetrVG determines which subject areas are subject to company co-determination rights. Private, party-political, or non-work-related topics are to be excluded from discussion during the meeting. Collective bargaining issues may be addressed as long as they are directly related to the business. Furthermore, discrimination and violations of company rules must be avoided; otherwise, the employer may intervene.
Do employees have to attend the staff meeting during working hours and who bears the costs?
According to Section 44 (1), sentence 2 BetrVG, staff meetings should take place during working hours. Employees are to be released from work by the employer for the duration of the meeting without loss of pay. Participation is mandatory if the meeting has been duly announced and operational arrangements permit. The costs associated with the meeting—including, in particular, employee release, room costs, and expenses for technical resources—are to be borne by the employer. This obligation does not include the reimbursement of employees’ private expenses, such as travel to and from the workplace outside the company.
What formal requirements and deadlines must be observed when convening a meeting?
The works council is obliged to give timely notice of the date, location, and agenda. Although the BetrVG does not expressly stipulate a specific notice period, a notice period of at least one week is generally recognized, to ensure proper preparation and participation. The invitation is typically given in writing or electronically, for example by posting or notification. The agenda can be supplemented during the meeting, provided there are no significant objections. The appointment of a meeting chairperson and minute-keeper is also legally permitted, though it is not a legal obligation.
Is there a statutory number or minimum for staff meetings per year?
According to Section 43 (1) BetrVG, the works council must hold an ordinary staff meeting at least once per calendar quarter, which amounts to four ordinary meetings per year. Additionally, one further extraordinary staff meeting may be convened per half-year. Special meetings are also possible if there are particular company reasons, such as significant restructuring. If the works council fails to meet its obligation to convene, this can have legal consequences and may prompt action from the workforce or labor court proceedings.
What rights and duties do employer representatives have during the staff meeting?
Employer representatives may only participate in a staff meeting if they have been invited by the works council in accordance with Section 43 (2), sentence 2 BetrVG. They have the right to speak and provide information only on agenda items that concern them directly; thus, they cannot participate in discussions on all topics of the meeting without restriction. The employer is not entitled to attend non-public meetings dealing exclusively with employee matters. Likewise, the employer does not have the right to convene or lead the meeting, safeguarding the autonomy of staff representation.
Can binding decisions on operational measures be made at a staff meeting?
The staff meeting primarily serves the purpose of mutual information and discussion between employees, works council and, where applicable, employer representatives. However, it is not a decision-making body for operational regulations under the Works Constitution Act. Decisions on co-determination issues or binding operational measures remain the responsibility of the works council, if necessary in negotiation with the employer. Nevertheless, opinions or recommendations—such as those expressed by voting—may be issued, which can have an advisory effect on the works council’s actions, though they are not legally binding.
