I want to modify our reporting procedure, does the works council need to approve it again

Amendment of the procedure usually requires renewed consent

When amending an existing reporting procedure, in most cases the works council has renewed consent rights. The consent requirement under article 27 of the Works Councils Act applies not only when establishing a new procedure, but also when amending it. If it is an adjustment that affects the core of the procedure — for example who handles a report, how anonymous reporting is arranged, or what deadlines apply — then consent is warranted. For purely textual or practical amendments, such as a different telephone number or updated house style, it is different: those do not affect the procedure itself.

It is therefore advisable to briefly assess with each amendment whether the adjustment concerns the content of the procedure described in what must a whistleblower regime contain? or only its implementation. Those who are unsure whether an amendment requires consent will find the precise scope and exceptions in does the works council have approval rights for the reporting scheme?. If there is no works council but a staff representation, different rules apply that have been worked out separately.

Where this follows from: article 27 WOR and article 2 Wbk

Article 27 of the Works Councils Act links the consent right to the establishment, amendment or withdrawal of a procedure in this area, which explicitly brings amendments under the consent requirement. Article 2 of the Whistleblower Protection Act determines what an internal reporting procedure must regulate in terms of content, and that content is precisely the point of reference for assessing whether an amendment affects the procedure itself. The House for Whistleblowers confirms in its information for employers that staff representation has a role in establishing the procedure, without making any exception for later adjustments.