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Medezeggenschapsrecht

Employee participation

Legal assistance and advice in participation matters

What is employee participation?

Businesses and institutions that have 50 employees or more are obliged to establish a works council pursuant to the Dutch Works Councils Act (“Wet op de ondernemingsraden”). The works council gives employees involvement in decisions concerning the company. The works council has several rights. The most important rights are the advisory right and the right of consent. If a director intends to carry out a reorganization, expand the organization or relocate the company, the works council needs to be involved in the process. The works council also has a role when it comes to a wage system, choice of a health and safety service or privacy regulations.

Expert advice and strategic support

Of course it is important to formally involve the works council at the right time. It is even more important to build a good relationship and cooperation between the works council and the director. If relations are good, the works council will be involved ‘automatically’ and at an early stage in the decision-making process. In that way consultations do not take place because of an obligation, but because the director appreciates to hear the opinion of the works council and seeks to create support in the organization. MARK Advocaten supports works councils and directors during the entire decision-making process, not just
for legal but also for strategic matters. That way they will both make the most of employee participation.

Examples of topics for which Mark Advocaten can provide assistance

  • Decisions that are subject to advisory and consent
  • Works council covenants
  • Works council regulations
  • Mergers and reorganizations
  • Redundancy plans
  • Collective redundancy
  • Working conditions
  • Working hours and holiday arrangements
  • Job rating, assessment systems and training

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