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Works Council Act
Chapter 3. Composition of the Works Councils and procedures
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WCA: Section 6. Composition

  1. A Works Council shall comprise members elected directly by the employees of a company from their own ranks. Their number shall be in an enterprise:
    • with fewer than 50 persons: 3 members;
    • with 50 to 100 persons there shall be 5 members;
    • with 100 to 200 persons there shall be 7 members;
    • with 200 to 400 persons there shall be 9 members;
    • with 400 to 600 persons there shall be 11 members;
    • with 600 to 1000 persons there shall be 13 members;
    • with 1000 to 2000 persons there shall be 15 members
    • et cetera, with an additional 2 members for every further 1000 persons, up to a maximum of 25 members.
    With the permission of the entrepreneur, the Works Council, in its code of regulations, may both decide on a different number of members, and decide to elect a deputy for one or more members of the Works Council. A deputy Works Council member shall enjoy the same rights and obligations as the member for whom he deputizes.
  2. Persons who have worked in the enterprise for at least six months shall be entitled to vote.
  3. Persons who have worked in the enterprise for at least a year shall be entitled to stand for office.
  4. If they consider it desirable for the proper implementation of this Act, the entrepreneur and the Works Council may designate as workers in the enterprise one or more groups of persons who perform regular work in the enterprise which is not provided for in the conditions of a contract of employment with the entrepreneur or a public law labour agreement, or likewise cease to designate one or more groups of such persons as workers in the enterprise. In the event of the Works Council and the entrepreneur failing to agree, either party may request the Cantonal Court to decide on the matter.
  5. The Works Council may apply different regulations from those in paragraphs 1 and 2 of this Section, as regards the term of office, if it is considered that this will advance the proper implementation of this Act in the enterprise.
  6. The number of council members cannot be changed during a Works Council's term of office on account of an increase or reduction in the number of employees in the enterprise.
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