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Works Councils Act (WOR) and the Role of the Proactive Confidential Advisor

The Works Councils Act (WOR) regulates the establishment and powers of the works council (OR) in organizations with 50 or more employees. The OR plays an essential role in employee participation, safeguarding employee well-being, and reviewing policy proposals.

For the proactive confidential advisor, collaboration with the OR is not an exception, but a structural part of prevention, culture development, and policy advice.

Supported by SER recommendations on employee participation and involvement (2022), the proactive confidential advisor acts as a link between employee signals and strategic decisions at the organizational level.

Structural collaboration between proactive confidential advisor and works council (OR)

The proactive confidential advisor:

  • Works closely with the OR on topics such as psychosocial workload (PSA), work pressure, undesirable behavior, and inclusion;

  • Provides periodic anonymized trend reports;

  • Contributes to culture assessments and risk inventories;

  • Identifies issues that do not sufficiently surface through formal channels.

This creates a multifaceted view of what is happening on the work floor.

Right to information and right to advise of the OR (Articles 24 & 25)

The OR has the right to be informed about all matters concerning employees. As a proactive confidential advisor:

  • You contribute to providing information to the OR about social safety;

  • Advise the OR on trends and signals requiring policy attention;

  • Encourage that decisions on policy or organizational changes are assessed for social and psychological safety.

 

Right to consultation (Article 23)

The proactive confidential advisor:

  • Participates, upon invitation, in consultation meetings on topics such as PSA, workload, and inclusivity;

  • Provides practical experiences to complement figures and policy;

  • Proposes preventive dialogue or team interventions.

 

PSA policy and cultural change

The OR is jointly responsible for healthy work. The proactive confidential advisor supports this by:

  • Analyzing trends and making them discussable;

  • Suggesting targeted measures (e.g., coaching, training, workload surveys);

  • Testing the support for PSA policies among employees.

 

Inclusive decision-making

The proactive confidential advisor:

  • Identifies exclusion and inequality in decision-making processes;

  • Advises the OR on inclusive communication and participation structures;

  • Communicates stories from the organization anonymously but meaningfully into decision-making.

 

Research and accountability (Article 23a)

The OR may conduct research on social safety, workload, or culture. The proactive confidential advisor:

  • Provides input for the research design;

  • Ensures safe access to employee perspectives;

  • Collaborates in follow-up based on findings.

 

Proactive confidential advisor as a regular policy partner

The proactive confidential advisor:

  • Is part of the cycle of policy development, assessment, and evaluation;

  • Provides HR and OR with input on topics emerging from employee conversations;

  • Holds regular meetings to share insights that improve well-being, culture, and collaboration.

 

In conclusion

The role of the confidential advisor is too valuable to remain purely reactive. As a structural partner of the OR, HR, and management, the proactive confidential advisor contributes to supported policies, preventive action, and a culture where employees feel both heard and protected.