Prevention Guide for Works Councils
Prevention Guide and Works Council: What co-determination rights apply to workplace health promotion (BGF) under §20b SGB V?
Note: refers to German law. Works councils have co-determination rights over BGF measures under §87(1) No. 7 BetrVG (health protection) — covering selection, timing, and target groups. The GKV guideline recommends works council involvement as a quality marker.
Works Council Co-Determination Rights in BGF
| Topic | Co-Determination Right | Legal Basis |
|---|---|---|
| GBPsych method and process | Co-determination — which survey method, how anonymized | §87(1) No. 7 BetrVG |
| BGF measure selection (which courses, for whom, when) | Yes — co-determination in selection and target groups | §87(1) No. 7 BetrVG |
| Participation in BGF during working hours | Yes — working-time arrangements require works council approval | §87(1) No. 2 BetrVG |
| Access to anonymized health data (GBPsych, absence rates) | Right to information — anonymized, without employee consent | §80 BetrVG + Art. 9 GDPR |
| Personal health data | No right without the explicit consent of the employee concerned | Art. 9 GDPR |
| BEM initiation (42-day threshold reached) | Right to information (at the employee's request); no co-determination right | §167 SGB IX |
| Membership in the Health Steering Committee | GKV guideline recommends works council involvement — not mandatory, but good practice | GKV Prevention Guide 2023 |
What the works council can do — and should do — regarding the GKV Prevention Guide
The GKV Prevention Guide (§20b SGB V) is not a purely HR document — it explicitly identifies the works council as an important actor in the BGF process. Page 42 of the guide (2023) recommends the 'Health Working Group' as the central committee format, with the explicit recommendation: 'Involving employee representation (works council, staff council) as a quality marker.'
This means: works councils that actively help shape BGF instead of merely insisting on co-determination rights strengthen their position as health partners. The alternative — a veto stance or passivity — weakens BGF quality and ultimately harms employees.
Concrete works council roles in the BGF process: (1) Member of the Health Steering Committee / Health Working Group. (2) Helping determine needs — the works council often knows employee concerns better than HR. (3) Measure evaluation: Was the measure effective? The works council has the right to review anonymized evaluations.
§87 BetrVG in the BGF context: Where exactly does co-determination begin?
§87(1) No. 7 BetrVG gives the works council co-determination rights on 'regulations for preventing workplace accidents and occupational illnesses, as well as health protection, within the framework of statutory provisions or accident prevention regulations.' This is broader than many employers assume.
What specifically requires co-determination: Which survey method is used for the GBPsych assessment (observation, survey, workshop). Which BGF courses are offered and for which employee groups. Whether participation takes place during or outside working hours. How health data is handled within the company.
What does NOT require co-determination: The fundamental decision of whether to offer BGF at all (that is the employer's right). Provider selection — as long as no employee data is shared with the provider without a prior works agreement. The conclusion of GKV cooperation agreements at the employer level.
Works Council Checklist: Reviewing and Safeguarding BGF Measures
Use this checklist to help the works council check whether a planned BGF measure is legally sound and effective:
- Has the employer conducted a needs assessment? (Required for GKV funding and good practice)
- Does the course provider hold a PRÄVOS/ZPP quality seal? (Verifiable at zentrale-pruefstelle-praevention.de)
- Is the measure accessible to all employee groups — or only to one group?
- Does participation take place during working hours? If so: works council approval required under §87(1) No. 2 BetrVG
- Is participant data shared with third parties (GKV, providers)? If so: check data protection impact assessment and works agreement
- Is the works council represented on the Health Steering Committee? If not: request it — the GKV guideline explicitly recommends it
- Is there an evaluation after 12 months? (Impact measurement = §80 works council right to information)
Related measures & topics
Key takeaways
- §87(1) No. 7 BetrVG: the works council has co-determination rights over the method, target group, and timing of BGF
- The 2023 GKV guideline explicitly recommends works council involvement on the Health Steering Committee — as a quality marker
- Works council right to review: anonymized data yes; personal health data only with the employee's consent
- Blocking BGF without justification is not legally sound under German labor law — constructive co-shaping is the stronger role
- Participation during working hours requires co-determination under §87(1) No. 2 BetrVG
Frequently asked questions
Can the works council block BGF measures?+
Generally, yes — for aspects subject to co-determination (method, target group, timing). However: a substantively justified veto is legally sound under German labor law; a blanket BGF veto without justification is not. The Federal Labor Court (BAG) has repeatedly confirmed that §87(1) No. 7 BetrVG does not give the works council the right to fundamentally prevent health protection.
Must the employer inform the works council about BGF?+
Yes — under §80 BetrVG, the works council has a general oversight and information right regarding matters affecting employees. BGF is included. The employer must inform proactively, not only upon request. Anonymized evaluations (absence rates, GBPsych results at the department level) are covered by the right to information.
What should be done if the employer plans BGF without the works council?+
Immediately assert the §87 co-determination right in writing. If the employer proceeds anyway: file for a labor court resolution proceeding (§23(3) BetrVG). In practice: early works council involvement also benefits the employer — works council buy-in significantly increases employee participation rates and thus BGF effectiveness.
Does the works council have access to GBPsych results?+
Yes — but only anonymized at the group level (departments, job categories). Personal GBPsych data (which employee reported which type of strain) is not accessible without the employee's consent. §80 BetrVG grants the right to inspect documents — but Art. 9 GDPR protects health data as a special category of data.
Structure BGF with the Works Council
EasyBGM integrates works council workflows: anonymized evaluations for works council meetings, steering committee minutes, and GBPsych documentation with works council access control.
Sources
- §87 BetrVG — Co-Determination Rights ↗
- §80 BetrVG — General Duties of the Works Council ↗
- §20b SGB V — Workplace Health Promotion ↗
- GKV-Spitzenverband: Prevention Guide 2025 ↗
- Art. 9 GDPR — Special Categories of Data ↗
Last updated: 2026-06-27. Not legal or tax advice — have your specific case reviewed by a professional.