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Co-Determination Rights of the Works Council in Establishing an Internal Reporting Channel under the German Whistleblower Protection Act
The German Whistleblower Protection Act (HinSchG), which came into effect in mid-2023, mandates that companies with a workforce of 50 or more employees establish an internal reporting channel. According to the decision of the Labor Court of Zwickau of March 19, 2025 (Case No. 9 BV 12/24), issues concerning the use of such a reporting channel trigger a co-determination right under Sec. 87 (1) No. 1 of the Works Constitution Act (BetrVG). However, the technical implementation of establishing the reporting channel is considered an organizational decision of the employer, free from co-determination.
