When is a works council compulsory and what can it do?
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Detailed explanation, checklist and sources
A Dutch works council (OR) is generally compulsory from fifty employees. It represents staff in business policy but does not decide every individual employment dispute. Check the organisation, headcount and proposed decision before invoking consultation or consent rights.
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1. Is an OR, PVT or meeting required?
An OR is required at fifty employees; assess structures separately where several undertakings exist. With ten to fifty staff and no OR, a staff delegation (PVT) is required if the majority requests it; it has at least three members. Without OR/PVT, at least two staff meetings yearly are needed there. Collective or voluntary arrangements may add participation rights.
2. How do I address a missing OR?
Ask in writing what representation exists, who was counted and which rules or election plan apply. Gather factual information, not unnecessary personnel files. Employees or unions can apply to the subdistrict court if a compulsory OR is missing; a sector committee can mediate. The draft requests information, not self-appointment of a council.
3. What rights does the OR have?
The OR has advisory rights on major economic/organisational decisions, consent rights on specified staff policies, initiative rights and necessary information rights. Consent to a collective policy is not automatically a change to individual contracts. Its own proposals require consultation and a reasoned written response. Central/group councils cover shared group matters, potentially shifting local authority.
4. What resources and consultation are needed?
Discuss general business affairs at least twice yearly and consult staff. Arrange facilities, expertise and time: at least sixty hours yearly for relevant other OR activities. Paid training is five days for OR members, at least three for committee members and eight for combined membership. Record extra powers. At one hundred staff, extra yearly remuneration discussions apply; an NV council has specified speaking rights at shareholder meetings.
5. What if a decision is disputed?
Advice and consent follow different legal routes. Departing from OR advice requires reasons and normally a month's suspension; appeal is to the Enterprise Chamber. A decision requiring consent made without it may involve invoking invalidity and the subdistrict court. Obtain prompt advice on applicability and exact deadlines; mediation does not automatically pause them. The employer may sometimes seek substitute permission.
6. Am I protected as an OR member?
Dismissal cannot be because of OR work, but protection is not absolute immunity. Closure, certain economic dismissals or urgent misconduct may be exceptions. Organisers, candidates, preparatory committee members and former members may also be protected; the source gives former members two years. PVT members are also protected. Seek prompt advice before signing a termination agreement.
Draft request: When is a works council compulsory and what can it do?
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How many members does an OR have?
The usual scale is 5 for 50–99 staff, 7 for 100–199, 9 for 200–399, 11 for 400–599, 13 for 600–999 and 15 for 1,000–1,999. Add two per further thousand, up to 25. The OR rules can specify a different number; check the actual count.
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Rijksoverheid — verplichting ↗Rijksoverheid — leden ↗Rijksoverheid — taken ↗Rijksoverheid — rechten ↗Rijksoverheid — ontslagbescherming ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.