the main and most contentious item related to the redefinition of the respective roles of trade unions and work councils in companies in the previous labour code work councils could be established but only in companies where no trade union was present and they had collective bargaining rights the new labour code establishes a division of competences between trade union and work councils with trade unions being in charge of collective bargaining matters and work councils responsible for all employees information and consultation activities in addition work councils can be created in companies where trade unions are active unless more than one third of the employees belong to the trade union against before the march negotiations at the tripartite council after the march negotiations trade unions are automatically allocated one seat in the work council which should avoid complete sidelining of trade unions from information of and consultation with employees