Germany: Limits to codetermination

If an employer ignores a works council when undertaking a risk assessment, may the council block the commissioning of a new plant through an injunction under codetermination rules? According to a local labour court, the works council actually only serves to ensure that a system exists for risk assessments to be carried out and that the correct regulations are followed, it is not within its powers to undertake the assessment or block the commissioning of a particular process in the absence of a final agreement [Decision of the Schleswig-Holstein State Labor Court of January 12, 2021, Az 1 TaBVGa 4/20] …

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