Working in the Netherlands - Representation of Workers

For employees, the works council or other form of staff representation is an ideal way to take an active role in the company and influence policy. For the employer, consultation with the works council is a way of increasing support for decisions and strengthening trust between management and employees.

Companies with 10-50 employees may establish a works council voluntarily. If they prefer not to have a works council, they can set up a staff representation. Employers are required to do so if a majority of employees request it. Companies with fewer than 10 staff members can set up a staff representation for consultation on working times. The staff representation consists of at least three employees, who consult with the employer on ongoing matters in the company. The members are elected directly by and from among the employees in a secret written ballot.

Under the Works Councils Act (WOR), all companies in the Netherlands with a workforce of 50 or more must have a works council. The employer must ensure that a works council is established. If the employer has more than one business, each business with 50 or more employees must have its own works council.

For employees, the works council is an ideal way to play an active role in the company and influence its policy. This is because works councils have special powers which enable them to influence the employer's policy. In addition, works councils themselves can take initiatives and put forward proposals. That way, employees have a say in the running of the business.

For the employer, consultation with the works council is a way of increasing support for decisions and strengthening trust between management and employees. If the employer refuses to set up a works council, any employee or a trade union with members in the company can call on the industry committee to mediate. If this does not have the desired outcome, an application can be filed with the cantonal court for a ruling. In addition, the works council and the employer can require one another to comply with statutory obligations. Should either party fail to comply with these obligations, the other party may refer the case to the cantonal court. However, the industry committee must first be called upon to mediate.

Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.

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