Co-determination
"You visit the JAV in your free time."
You want to speak to the youth and trainee representation (JAV) or the works council — but supposedly not during working hours.
§ 39 BetrVG / § 65 BetrVG
The boss may NOT do that
You may visit the works council/JAV DURING working hours — without loss of pay!
Every employee (including a trainee) may visit the works council / the JAV during working hours without loss of pay (§ 39 (3) BetrVG). Concerns can be: a complaint, advice, a conflict with the employer. Consultation hours are to be organised at the company. JAV members themselves are released for their duties (§ 65 BetrVG in conjunction with § 37 BetrVG).
What the law says
§ 39 (3) BetrVG – Works council consultation hours
Every employee has the right to visit the works council during consultation hours.
§ 39 (2) BetrVG – Loss of working time
Loss of working time required to make use of works-council consultation hours does not entitle the employer to reduce pay.
§ 65 BetrVG – Status of the JAV
The provisions on the works council apply to the JAV accordingly.
What you can do
- Note the works-council/JAV consultation appointment — as proof of the recorded working time.
- JAV meetings / training are also paid release time (§ 65 in conjunction with § 37 BetrVG).
- A concern can also be pursued urgently outside the consultation hour (§ 39 (3)).
- No works council? You have the right to initiate an election (§ 17a BetrVG).
Email template for your trainer
Subject: JAV / works-council consultation hour — release
Dear [name of trainer],
on [date] I will make use of the works council's / JAV's consultation hour (approx. [time from – to]).
Under § 39 (2) BetrVG, this time is to be treated as working time and does not lead to a reduction in pay.
Kind regards
[Your name]