In German companies with a works council, an international recruitment programme touches several of the council's statutory rights. Employers who involve the council early usually find it supportive — councils care about staffing shortages and workloads as much as management does. Employers who present it with a finished plan risk delays, refusals and avoidable conflict.
Consent to Each Hiring
In companies with more than twenty employees entitled to vote, the employer must inform the works council before each hiring and obtain its consent under §99 of the Works Constitution Act (BetrVG). The employer must provide information on the candidate and the role, and on the effects of the hiring.
The council can refuse consent only on specific grounds listed in the law — for example, if the hiring would breach a law or collective agreement, or if there is a well-founded concern that existing employees would be disadvantaged. If it refuses, the employer can ask the labour court to substitute consent. In practice, a well-prepared programme rarely reaches that stage.
For international hires, the council will reasonably want to know that pay matches the collective agreement or internal pay structure, that the role is genuinely needed, and that working conditions are the same as for existing staff.
Personnel Planning
The employer must inform the council about personnel planning, including current and future staffing needs, under §92 BetrVG. A plan to recruit a cohort from India is exactly this kind of information. Sharing it early allows the council to raise questions before candidates are selected.
Working Time and Shift Plans
Rosters are a co-determination matter: when shifts begin and end, how breaks fall and how hours spread over the week all need the council’s agreement. Introducing a new shift model for arriving crews, or adjusting rosters to fit language courses, needs agreement. See our working-time guide for the legal limits that apply anyway.
Company Housing
Where the employer provides accommodation to employees as part of the employment relationship, the council has co-determination rights over the allocation and termination of that housing and the general terms of use. Employers housing new arrivals in company flats should agree the rules with the council. Our housing guide covers the practical side.
Integration Is Part of the Council's Remit
The Works Constitution Act explicitly gives the council the task of promoting the integration of foreign employees and understanding between them and German colleagues, and of taking measures against racism and xenophobia in the workplace. Many councils take this seriously and can be valuable partners: organising welcome events, nominating buddies, and making sure new colleagues know their rights.
A Works Agreement on International Recruitment
Some companies conclude a voluntary works agreement (Betriebsvereinbarung) on international recruitment. Typical content:
- Principles of equal pay and treatment
- The buddy or mentoring programme
- Language course arrangements and paid course time
- Rules for company accommodation
- How the council is informed about each cohort
This is not required, but it reduces case-by-case discussion and makes the programme visible to the whole workforce.
How to Involve the Council in Practice
1. Brief before scoping. Explain the staffing gap, the proposed numbers and the timeline. 2. Share the role profiles and pay grades that will appear in the visa filings. 3. Agree the shift model and housing rules for the incoming group. 4. Submit each hiring under §99 with complete information as candidates are selected. 5. Report back after arrival on how integration is going.
Foreign Employees in the Council
Once employed, Indian workers have the same rights as other employees: they can vote in works council elections and stand as candidates. Explaining what the works council is, and introducing its members in the first week, is part of good onboarding; see onboarding Indian workers.
Smaller Companies
Many Mittelstand firms have no works council, and the §99 consent requirement only applies above the twenty-employee threshold where a council exists. Even so, briefing existing staff before new colleagues arrive is good practice. See our Mittelstand guide.
Where We Help
We provide the candidate information and role documentation your council will ask for, and can join a briefing to explain the recruitment process in India. Contact us via the Germany hiring page.
