Right of participation and the Works Councils Act

When a company employs 50 or more people, the Works Councils Act (WOR) comes into effect. This law stipulates that a works council (OR) must be established to play a role between the employer and the employees.

Within this law, it is arranged that the OR receives various powers, such as the right to give advice and the right to consent. These rights are not optional: if an employer decides not to follow the OR's advice, the OR can take the matter to court. Furthermore, if the OR has not consented to a decision that requires OR approval under the right to consent, the employer may not implement that decision without a legal procedure.

How do you, as an entrepreneur, view your works council? Do you see it as an advisory body and sparring partner with whom you collaborate closely? Or does the works council oppose your business, often placing you at odds with each other? The relationship between the employer and the employee in the works council goes far beyond basic questions about the right to consent or the right to advise. The way you collaborate with the works council is equally important. A good working relationship can help you achieve your goals.

The employment law attorneys at De Haij & Van der Wende can assist employers with, among other things:
- Establishing a works council;
- Assessing whether a decision is subject to the OR’s right to consent or advise, or other OR powers;
- Guiding any legal proceedings at the subdistrict court or the Enterprise Chamber.