A comparative overview of employee representation bodies: the German Works Council and French Comité Social et Économique

The Betriebsrat in Germany and the Comité Social et Économique (CSE) in France are the central institutions of collective employee representation within their respective legal frameworks. In both countries, employees have the right to establish representative bodies at a company level that participate in workplace decision-making – though to varying degrees. What are their key similarities and differences, with a particular focus on election procedures, co-determination rights, and the legal protection of representatives?

Election and composition

In both systems, the number of representatives scales with company size, and members are elected for a four-year term in principle.

Germany's voluntary approach 

In Germany, the election of a works council follows a detailed statutory process – from the formal invitation to vote, through vote casting, to the counting of ballots. Key aspects and detailed information regarding the election of the works council can be found in our series of Insights on the upcoming works council elections in 2026.

Beginning with as few as five eligible employees, a works council may be established in the company. However, it is not mandatory. Even in large enterprises, the decision to form a works council rests solely with employees. According to the German Economic Institute (Institut der deutschen Wirtschaft, IW ), works councils are present in only about 7% of companies in Germany at present.

Eligibility rules are clearly defined in the Betriebsverfassungsgesetz (Works Constitution Act). Employees aged 16 or older may vote (active voting right), while those aged 18 or older with at least six months of continuous employment are eligible to stand for election (passive voting right).

France's mandatory requirement 

In France, however, the implementation of a CSE is mandatory when a company employs at least 11 employees for 12 consecutive months.

The election follows a specific statutory process, including starting with notifying staff, negotiating with unions, establishing an election protocol, and determining the number of seats, candidacies and voting operations.

In the first round of elections, candidates can only be nominated by trade unions. Only if a second round is organised can independent candidates stand for election.

Eligibility rules are defined in the French Labour Code. Generally, employees aged 16 or older may vote when they have at least three months of length of service within the company.  

Employees aged 18 or older may be eligible to stand for election if they are voters and when they have at least one year of length of service within the company. They cannot be related to (i.e. having certain family ties) or regarded as the employer (i.e. having a delegation of authority or representing the employer before the CSE).

Unlike the German works council, which is an independent employee-elected body, the French CSE includes not only the employee representatives but also a representative of the employer as the CSE’s chairman.

Scope of participation rights

The scope of employee participation differs significantly between the two systems. 

Germany's binding co-determination

The German works council has extensive, binding co-determination rights on social matters (Section 87 BetrVG), including the arrangement of working time (such as start/end, breaks, overtime), time-recording systems, vacation scheduling, remuneration principles (not pay levels), and workplace rules of conduct. For individual personnel measures (Section 99 BetrVG), the employer must obtain the works council’s consent for hiring, classification/reclassification and transfers (in establishments with more than 20 employees); dismissals do not require consent, but the works council must be heard (Section 102 BetrVG). If consent is refused, the employer can apply to the labour court to have it substituted; disputes over social matters are resolved via the conciliation committee.

France's consultative model

In France, true veto powers for the CSE are extremely limited and apply only in specific, legally defined cases (for instance: implementation of individualised work hours). The French model grants few of the initiative rights that are typical for German works councils. 

However, once a company reaches 50 employees, the CSE’s influence increases, gaining more significant economic and social functions and a dedicated operating budget. It also enables the CSE to perform all duties relating to prior information and consultation. Its core mission lies in monitoring working conditions, health and safety and representing employees on individual and collective matters.

In this regard, the CSE primarily holds rights to be informed and consulted on a recurring or one-off basis on a specific topic (for example on redundancy proposals, the implementation of a monitoring of working time, the implementation of internal regulations). However, as veto powers are extremely limited, the CSE's negative opinion is generally not binding for the employer.

Consequences of ignoring co-determination rights

In Germany, any unilateral employer action that disregards the Betriebsrat’s mandatory participation rights, such as changes to working time arrangements, is generally invalid and not binding on employees. The works council may seek injunctive relief before the labour courts, and serious breaches can result in fines. Intentionally obstructing or discriminating against the works council constitutes a criminal offence.

Similarly, in France, failure to respect the CSE’s rights can have serious implications. The offence known as “délit d’entrave“ is punishable under criminal law and can lead to substantial penalties for employers. The CSE may also take court action to suspend a project or restore the situation to its previous state, and may also claim damages.

Protection of members

Members of both bodies enjoy special protection against dismissal.

In Germany, ordinary termination is effectively prohibited except under very limited circumstances, such as the closure of operations. Extraordinary termination is permissible only with the works council’s approval or, alternatively, with authorisation from a labour court. This protection extends for one year after the end of the term and covers substitute members and election initiators under certain conditions.

In France, dismissals of CSE members (along with mutual termination agreements and specific cases of company transfer) require the prior approval of the labour inspectorate. Protection extends beyond the term of office, ensuring independence and safeguarding representatives from retaliation.

Costs and employer obligations

Under German law, the employer bears all expenses necessary for proper works council operations. This includes office supplies, administrative costs, training sessions, business travel, and remuneration for time spent on council duties. The same applies to election costs and the release of council members from their regular work obligations. Rules are quite similar under French law. In principle, the employer provides the CSE with furnished premises and the equipment necessary for it to carry out its duties. The employer also pays a contribution to the CSE budgets for companies with more than 50 employees.

The employer also covers election costs, expenses subject to legal conditions, and remuneration for time spent on council duties.

Osborne Clarke comment  

The comparison shows that both systems aim to give employees a meaningful voice, yet they do so via distinct mechanisms. Germany’s model stands out for its strong co‑determination rights in social matters and significant influence on personnel measures, whereas France’s CSE is centred on robust information and consultation processes that intensify as headcount grows. 

For companies active in both countries, it is essential not to “transpose” one model onto the other, but to align timelines, internal governance and documentation with the specific national rules and the practical role of the works council or CSE in each jurisdiction.