Employee Participation Law
Employee participation law attorney
W.E. (Winny) van Engelenhoven
Employee Participation Law
Employee participation gives employees the opportunity to influence decision-making in an organization. The legal basis for employee participation rights can be found in the Works Councils Act (WOR). In addition, it also happens with some regularity that the applicable collective bargaining agreement contains an extension of the legal participation rights.
The WOR provides for three forms of employee participation: the works council (OR), employee representation (PVT) and employee assembly (PV). Which form of employee participation applies depends on the size of the organization.
Van Veen Advocaten advises and guides both companies and (central) works councils. For example, on requests for advice and consent, the drafting of documents and the process to be followed.
A co-determination body represents the interests of staff in a company or organization. The most important co-determination body is the works council. Establishing a works council is mandatory in companies with 50 or more employees.
Works council rights
The WOR gives the works council a number of rights that allow the works council to influence decision-making in the organization. These rights are: advisory right, right of consent, right of initiative and right to information from the employer.
Advisory right of works council
The entrepreneur must ask the works council for advice on important financial, economic and organizational decisions. For example, in the case of a reorganization, merger or major investment. Does the entrepreneur take a decision other than that advised by the works council? Then the entrepreneur must clearly explain the reason. In that case, without the consent of the works council, the entrepreneur may not implement the final decision for one month (duty to suspend). This so that the works council has time and opportunity to submit to the Enterprise Chamber whether or not the different decision may be taken.
Right of consent of works council
The employer must request the works council’s consent to adopt, modify or revoke personnel regulations. Examples include regulations in the area of working hours, working conditions, training, privacy, job evaluations or sick leave. If the works council does not consent, the employer may not implement the regulation. If this happens anyway, the works council can invoke the so-called nullity of the decision and go to the subdistrict court. The entrepreneur, in turn, can ask the subdistrict court to allow the decision to be made after all.
A good relationship and cooperation between the director and the employee participation body is crucial to achieving meaningful employee participation. For this reason, we not only have an eye for the legal side of cases we handle. We also take the strategic and process aspects into account. Our lawyers have a direct and pragmatic working style. We advise our clients in clear and understandable language, are accessible and work quickly. In disputes, we look for the best (pragmatic) solution. Our starting point is reaching agreement by mutual consultation. Sometimes, however, it is necessary to take a stand. In those cases, we assist our clients in proceedings at the Enterprise Chamber, the subdistrict court or the Industrial Commission.
Concrete services in co-determination, including:
- Advice on the design of the participation structure;
- Advice on the establishment of a participation body;
- Litigating the establishment of a participation body;
- Advice on the information, consultation, advisory, and/or consent rights of the works council;
- Advice on whether a proposed decision requires advice and/or consent;
- Drafting a corporate agreement;
- Preparation of documents (e.g., advisory request, consent request, social plan, response to advisory and/or consent request and final decision);
- Conducting proceedings in the district court;
- Conducting proceedings in the Enterprise Chamber;
- Providing (customized) workshops and courses on employee participation.
