send mail
  • Home
  • Contract law
    • Contract law in the Netherlands
      Precontractual liability in the Netherlands
      Acceptance under Dutch contract law
      Battle of forms under Dutch law
      Nullity and annulment of a contract
      Contract error under Dutch law
      Joint liability under Dutch law
      Surety agreements
      Contents of a contract
      Reasonableness and fairness
      General terms under Dutch law
      Penalty clauses under Dutch law
      Assignment of a claim
      Actio Pauliana under Dutch law
      Contract interpretation
      Corona and contracts
      Performance, breach, remedies
      Breach under Dutch contract law
      Force majeure
      Termination for breach
      Claiming damages under Dutch law
      Exemption clauses
      Limitation of actions
      Debt collection
      Types of contract under Dutch law
      Licenses under Dutch law
      Franchise under Dutch law
      Sale of Goods under Dutch law
      Lease under Dutch law
      Commercial Agency under Dutch law
      Distribution contracts
  • About us

Works council - in the Netherlands

  • Dutch law
  • Employment law
  • Works council in the Netherlands

What is a works council under Dutch labour law?

Works council in the Netherlands

Under employment law in the Netherlands, a works council (in Dutch: ondernemingsraad) is a support structure within a business that is built to protect and promote an employee’s position in the company. Under Dutch law, such a body’s existence can be a strict requirement in a business depending on the number of current employees. As a foreign worker or entrepreneur in the Netherlands, it is important to be aware of the legal necessities of safeguarding employee’s rights and their participation, which is rooted in this requirement.


When is a works council legally required in the Netherlands?

If your business employs at least 50 workers, then you must formulate a works council under the Work Councils Act. If you have more than a single branch, you will need additional work councils in each of the subsequent offices that exceed this 50 employees threshold. However, a joint works council can be created if the branches employ more than 50 people collectively but less than 50 individuals.

A company that employs less than 50 people is under no obligation to form a works council. Instead, a voluntary council can be formed by the employees, or a representative body (in Dutch: personeelsvertegenwoordiging, PVT) can be created. This type of body would not hold the same powers as a legally implemented works council nor would it entail the same obligations. The employees can still exercise rights to consolation, which must be accomplished by holding staff meetings.


What rights exist in a works council in the Netherlands?

The works council acts to ensure employee participation in both the daily operation of a company and the decision making for the company’s future direction. The purpose of such a council is to benefit both the employer and employees, through both representation in the workplace and having a forum in which constructive feedback can allow the business to progress. In the Netherlands, the works council must be convened at least twice a year and take place within working hours. Under labour law in the Netherlands, the members of the works council are also entitled to schedule their meetings within working hours.

The works council rights and interests are solely intended to protect employees in the working environment. Mainly, these are:

  1. the right to be consulted when a decision is proposed that will substantially affect the company
  2. the right of consent concerning substantial changes in the terms of an employment agreement
  3. and the right to render advice on matters dealt with in the meetings.

The topics up for discussion are generally limited to those on which the employees have the competency to render advice. Further, the issues discussed are expected to be events anticipated within a sixth month period.

The rights of the work council in carrying out the objectives set at such meetings include working time available for training and consultation for the remaining colleagues. The Works Council Act imposes an annual minimum of five days for the training and sixty hours for consultation.


Eva Jongepier - employment lawyer in the Netherlands
February 28th, 2023

About the author

Employment lawyer in the Netherlands - Eva Jongepier

Eva Jongepier is an acclaimed employment lawyer in the Netherlands with more than 22 years of experience.

With specializations in employment termination and litigation under Dutch employment law, Eva stands out for her keen analytical abilities and sound legal advice she provides to clients. Eva's clients range from individuals and small/medium-sized enterprises to large corporations.

As Dutch employment attorney, she is highly regarded for her professionalism and efficiency when resolving complex employment disputes. With an in-depth knowledge of Dutch employment law, Eva stays current on legal developments and changes within this field.


Contact Eva

Please feel free to contact Eva if you have any question regarding employment law in Holland.


Dutch employment law
Employment contract law
Dutch employment law Employment duration Probation period Non-competition Sick pay
Employment termination
Reorganization
Employment -miscellaneous
Works council Employment lawyer
Questions about Dutch employment law? Contact us
Terms of use and privacy policy:

The content provided on www.dutch-law.com is offered by the Dutch Law Institute for general information purposes only.
It cannot deal with the specific details of any particular situation ... [read more]

Address:
Dutch Law Institute
Beethovenstraat 124-3
1077 JR Amsterdam
The Netherlands
Telephone:

+31 65224 2503

Hours:

Monday 9am–5pm
Tuesday 9am–5pm
Wednesday 9am–5pm
Thursday 9am–5pm
Friday 9am–5pm
Saturday Closed
Sunday Closed

Dutch Law Institute
  • About the Dutch Law Institute
  • Dutch Law Intitute on LinkedIn
  • Netherlands employment law
Published by the Dutch Law Institute - edited by Jan Willem de Groot, lawyer in the Netherlands - © 2023 | Sitemap [XML]