Ansprüche des einzelnen Betriebsratsmitglieds gegen den Betriebsrat

The works council is designed to represent the interests of employees as a unified body. Nevertheless, disputes arise within works councils. This paper is the first to examine disputes between an individual works council member and their own committee. It examines whether claims of individual works council members against the works council can be derived from a constitutional protection of minorities. This idea is then examined on the basis of the following four case groups: 1) entitlement to participation of training and educational courses pursuant to Section 37 (6) BetrVG, 2) invalidity of internal works council elections and works council decisions, 3) excessive remuneration of works council colleagues, and 4) inaction on the part of the works council.