Employee trustee

What it means

An employee trustee is an employee representative elected at an employer with 3 to 49 staff. The trustee has rights similar to a works council in larger companies: the right to information, to consultation on important matters and to monitor compliance with employment law.

The trustee role exists where there is no trade union, or alongside one. If a union operates at the employer, the trustee's powers are narrower, since collective bargaining and concluding a collective agreement belong to the union alone.

The trustee is elected by employees from among themselves. The law does not require every employer to have a trustee, but if employees elect one, the employer must respect the trustee's position and fulfil its information and consultation duties.

How it works in practice

An employer with a trustee must consult them on matters such as dismissals for certain grounds, changes to work rules, the scheduling of working time, the leave plan and health and safety measures.

The trustee is entitled to paid time off to the extent necessary to perform the role and to protection against dismissal during the term of office and for some time afterwards. The employer should communicate openly with the trustee, which helps build trust in the team.

In smaller firms the trustee can be a useful partner when introducing changes, because they know employees' moods and needs. Involving the trustee early in planned changes often prevents misunderstandings and complaints.

What to watch out for

If the employer fails to consult the trustee on matters required by law, some acts may be invalid or the labour inspectorate may impose a fine. Before important decisions about employees, it is therefore worth checking whether they must be discussed with the trustee.

Dismissing a trustee during and after the term of office is restricted and requires employees' consent or a special procedure. The employer should therefore proceed carefully with organisational changes so as not to be suspected of trying to get rid of an inconvenient representative.