Co-determination
"Elections? We don't need those, we're too small."
No JAV is elected at the company even though there are trainees and younger employees.
§ 60 BetrVG / § 61 BetrVG
This is allowed
A JAV election is mandatory from 5 eligible young people/trainees!
A youth and trainee representation (JAV) is elected if the company has at least 5 employees under 18 or trainees under 25 (§ 60 BetrVG). Requirement: there is a works council. Employees under 18 and all trainees may vote; employees under 25 and — since 2021 — all trainees regardless of age may stand for election (§ 61 BetrVG). The term of office is 2 years.
What the law says
§ 60 BetrVG – Establishment and task
In companies with usually at least five employees who have not yet reached the age of 18 or who are employed for their vocational training, JAVs are formed.
§ 61 BetrVG – Voting entitlement and eligibility
Entitled to vote are all employees of the company who have not yet reached the age of 18, as well as employees who are employed for their vocational training and have not yet reached the age of 25.
§ 70 BetrVG – Tasks of the JAV
The JAV must in particular apply for measures that serve young employees and those employed for their vocational training.
What you can do
- No works council + > 5 trainees: first initiate a works-council election (§ 17a BetrVG), then the JAV.
- An election initiative can come from THREE eligible trainees.
- Term of office 2 years — the dates are always in Q1 (typically March/April).
- The JAV has strong participation rights on take-over, training and complaints.
Email template for your trainer
Subject: JAV election at the company
Dear members of the works council,
as a trainee at the company, I would like to suggest the election of a youth and trainee representation (§ 60 BetrVG). In our assessment, the conditions (at least 5 eligible employees under 25 / 18) are met.
I kindly ask for information about the next steps to prepare the election.
Kind regards
[Your name]