Employee Participation
Our clients are both employers and (central) works councils that we assist with, among other things, requests for advice and consent, the drafting of regulations or company agreements and changes to the employee participation structure. Thanks to our extensive experience, we use a sharp legal eye and an open mind to come up with solutions that work in the interest of the organization and the employees. We realize the complexity of some employee participation issues and draw on our own experience in many cases and within a large number of sectors, including in the telecom and automation sector and at healthcare institutions and housing associations.
Barbara Spliet
partner/lawyer
Renzo Ter Haseborg
partner/lawyer
Yvette Kouwenberg
lawyer/associate partner
News
The protection of works council members, part 2: excluding non-functioning works council members
Expelling a member from the works council is not possible under the Works Council Act (WOR) by the works council or company itself. However, a member can be excluded from acting as works council member by the court (section 13 of the WOR).
The protection of works council members
Members of the Works Council, but also, for example, members of Works Council committees, are protected against detriment under the Dutch Works Councils Act (WOR) (section 21 WOR).
Newsflash: working with self-employed workers after Deliveroo ruling
Many organisations work with self-employed workers. Whether they are called self-employed without staff, consultants or freelancers: for most organisations, it is important that these self-employed workers cannot be seen as employees. Only then Dutch dismissal law and continued payment during illness will not apply and the employer avoids additional tax assessments from the tax authorities
Amending works council regulations and right of consent for remuneration schemes
Amendment to the Works Councils Act (WOR) and consequences for the regulations of the works council
The Works Council has the right to be informed in detail of planned measures to mitigate the social impact for employees
When requesting the advice of the Works Council pursuant to the Dutch Works Council Act an overview must be provided of (a) the consequences of the intended decision for the employees and (b) the social measures to be taken in this respect.