Works council in the Netherlands (ondernemingsraad): when it is required and what rights it has

A works council (ondernemingsraad, OR) is the elected body that represents the employees of an undertaking in the Netherlands. Under the Works Councils Act (Wet op de ondernemingsraden, WOR), every employer with an undertaking in which, as a rule, at least 50 persons work must set one up. The works council has a right to information, a right to give advice on major business decisions, a right of consent on staff policies, and its members are protected against dismissal. Smaller undertakings have lighter rules: staff meetings from 10 persons, and an optional or requested employee representation body (PVT).

The works council at a glance

• Mandatory from 50 persons working in the undertaking, as a rule (Article 2 WOR).
• Advice on major decisions such as a reorganisation, a merger, a relocation or a large investment (Article 25).
• Consent for staff regulations such as working hours, pay systems, pensions, absence policy and camera or monitoring systems (Article 27).
• Information: the employer must provide what the council reasonably needs (Article 31).
• Facilities: at least 60 hours a year for council work and at least 5 training days, paid; costs are for the employer (Articles 18 and 22).
• Dismissal protection for members, candidates and former members for two years (Article 7:670 of the Dutch Civil Code).

On this page

When Is a Works Council Legally Required in the Netherlands?

When an undertaking (onderneming) has, as a rule, at least 50 persons working in it: Article 2 of the Works Councils Act. The obligation rests on the entrepreneur who maintains the undertaking, and it applies whether the employer is Dutch or foreign.

An undertaking is any organisation that acts as an independent unit in society and in which work is done under employment contracts (Article 1(1)(c)). That is not automatically the same as a legal entity or a branch office: what matters is whether the unit operates independently. The count includes:

• employees with an employment contract with the entrepreneur;
• temporary agency workers who have worked in the undertaking for at least 15 months (Article 1(3)(a));
• the entrepreneur's employees who work in an undertaking run by someone else (Article 1(3)(b)).

The directors of the undertaking do not count (Article 1(4)). "As a rule" means the usual size of the workforce, not a single peak or dip. If the number later falls below 50, the council does not end at once, but only at the end of its current term (Article 2(2)).

An entrepreneur with two or more undertakings that together reach 50 persons must set up a joint works council for them if that promotes the proper application of the Act (Article 3). In groups of companies, a central works council (centrale ondernemingsraad) or group works council deals with matters common to several undertakings. For groups with operations in several EU countries, see the European Works Council.

What Applies to Undertakings With Fewer Than 50 Persons?

From 10 to 49 persons, the employer must hold a staff meeting at least twice a year if there is no works council or employee representation body (Article 35b WOR). The employer can also set up an employee representation body (personeelsvertegenwoordiging, PVT), and must do so if a majority of the staff asks for it (Article 35c).

• Staff meeting: at least twice per calendar year, and also when at least a quarter of the staff asks for one with reasons. At least once a year the general course of business is discussed.
• PVT: at least three members, elected directly by secret written ballot. Its consent is required for a working and rest time regulation, regulations on health and safety, sickness absence and reintegration, and the whistleblowing procedure. Its members have the same dismissal protection as works council members.
• Fewer than 10 persons: a PVT is possible on a voluntary basis (Article 35d).
• Voluntary works council: an employer below 50 can also set up a works council voluntarily, with the full rights of the Act.

How Is a Works Council Composed and Elected?

The members are elected directly by and from the persons working in the undertaking. The number of seats depends on the size of the undertaking, and the members stand down together every three years: Article 6 and Article 12 WOR.

With the employer's permission the council can set a different number in its rules of procedure. Anyone who has worked in the undertaking for at least three months may vote and stand for election (Article 6(2) and (3)). The council can change the three-year term to two or four years in its rules (Article 12(2)). Membership ends automatically when the member stops working in the undertaking (Article 12(3)).

What Rights Does a Works Council Have?

The main rights are the right to information, the right to give advice, the right of consent, and the right to put forward its own proposals. In addition, the council monitors compliance with employment, health and safety and equal treatment rules in the undertaking (Article 28).

In undertakings with at least 100 persons, the consultation meeting must discuss at least once a year the employment conditions agreed and the development of pay ratios between groups of staff (Article 23(2)).

When Must the Works Council Be Asked for Advice?

Before the employer takes a major decision listed in Article 25 WOR, and at a time when the advice can still have a substantial influence on the decision.

The list includes a transfer of control of the undertaking, a merger or takeover, closing or substantially reducing, expanding or changing the activities, an important change in the organisation, a relocation, recruiting or hiring a group of workers, an important investment or credit, and the introduction of an important technological facility. A reorganisation or a collective redundancy will almost always fall under it.

The employer submits the proposal in writing, with the reasons and the expected consequences for the staff, and the matter is discussed at least once in a consultation meeting before the council gives its advice. If the employer does not follow the advice, it must wait one month before implementing the decision (Article 25(6)). In that month the council can appeal to the Enterprise Chamber (Ondernemingskamer) of the Amsterdam Court of Appeal (Article 26). The test is whether the employer, weighing the interests involved, could reasonably have reached the decision. If not, the Enterprise Chamber can order the employer to withdraw the decision and reverse its consequences. More detail: works council advisory rights.

Which Decisions Need the Consent of the Works Council?

Decisions to adopt, amend or withdraw regulations on the subjects listed in Article 27 WOR, insofar as they concern all staff or a group of them.

The subjects are: pension, profit-sharing and savings schemes; working and rest times and holidays; pay and job evaluation systems; health and safety, sickness absence and reintegration; recruitment, dismissal and promotion policy; staff training; staff assessment; company social work; work consultation; complaints handling; the processing and protection of employees' personal data; systems for monitoring attendance, behaviour or performance; and the procedure for reporting suspected wrongdoing under the Whistleblowers Protection Act.

Consent is not needed where the subject is already regulated in substance in a collective labour agreement (Article 27(3)). If the council refuses, the employer can ask the subdistrict court (kantonrechter) for permission, which is given only if the refusal is unreasonable or the decision is required for compelling business reasons (Article 27(4)). A decision taken without consent or permission is void, but only if the council invokes the nullity in writing within one month (Article 27(5)). More detail: works council consent rights.

How Much Time and Budget Does a Works Council Get?

The employer and the council agree on the number of paid hours and training days, but the Act sets minimums: at least 60 hours a year for council work, and at least 5 training days a year per member, or 8 for members who also sit on a committee (Article 18 WOR).

Meetings take place during working hours with continued pay. The costs reasonably necessary for the council's work, including training, are for the employer (Article 22). The costs of an external expert or of legal proceedings are only for the employer if the employer was informed of them in advance, unless the employer and the council have agreed an annual budget.

Are Works Council Members Protected Against Dismissal?

Yes. The employer cannot give notice to a member of a works council or of a PVT: Article 7:670 of the Dutch Civil Code (4). The same applies to candidates on the election list and to former members for two years after their membership ended (Article 7:670(10)).

The prohibition does not apply in the cases listed in Article 7:670a(2), including when the employee has agreed to the termination in writing, during the probation period, in a summary dismissal, and when the whole undertaking ceases its activities. The subdistrict court can also dissolve the contract on a ground under Article 7:669(3)(b) to (i) if the request is unrelated to the membership (Article 7:671b(6)). Apart from dismissal, the employer must ensure that members, former members and candidates are not disadvantaged in their position because of their membership (Article 21 WOR). See also protection against dismissal.

What Happens if the Employer Does Not Comply?

Any interested party, such as an employee, can ask the subdistrict court to order the employer to set up a works council or to comply with the rules on its establishment and elections (Article 36 WOR).

For decisions taken without the council, the remedies are specific: an appeal to the Enterprise Chamber for decisions subject to advice, and the invocation of nullity for decisions subject to consent. Amendments to Articles 26 and 36 have been enacted but do not yet have an entry-into-force date; this page describes the law in force on 30 September 2026.

What Should Employers in the Netherlands Check?

1. How many persons work in each Dutch undertaking as a rule, counting agency workers after 15 months?
2. Is a works council, a joint or central council, or a PVT required, or are staff meetings enough?
3. Is the proposed decision on the Article 25 list? Then ask for advice in writing, early, with reasons and consequences.
4. Does the proposed regulation fall under Article 27, and is it not already covered by the collective labour agreement? Then obtain consent.
5. Does the plan involve dismissing a member, a candidate or a former member? Check Articles 7:670 and 7:670a of the Civil Code.
6. Have the hours, training days and budget for the council been agreed?

For the other obligations of employers, see obligations of employers in the Netherlands.

Key Legal Sources

• Wet op de ondernemingsraden (WOR), the Works Councils Act
• Article 2 WOR, the 50-person threshold
• Article 25 WOR, the advisory right, and Article 26 WOR, the appeal
• Article 27 WOR, the consent right
• Articles 35b to 35d WOR, staff meetings and the PVT
• Article 7:670 of the Dutch Civil Code, dismissal protection of members