Collective dismissals, the loss of salary or holidays, abolition of a bonus arrangements, change in pension schemes. All of these may result from the economic crisis.
They virtually always have to be taken in consultation with trade unions and/or the works council (OR). GMW lawyer can act both for the entrepreneur and for the works council.
The works council has rights and our advice to every works council is to make serious use of these rights. In fact, the employer also benefits from a works council which takes the possibilities of the Works Councils Act (WOR) seriously. After all, an employer’s policy that is supported by that Act will have the support of the entire company.
The works council has the right to be informed of important decisions which the entrepreneur wishes to take at an early stage. It can advise on a large number of financial and or organisational intentions an entrepreneur might have. It is important that the works council includes any possible objections in its advice, because no new objections may be introduced during possible proceedings.
In addition, the works council has the right to endorse decisions. The entrepreneur must ask the works council to endorse decisions which are proposed, for example, to change a bonus scheme or a pension scheme.
In addition to the above-mentioned cases and those described in the WOR, it is accepted in jurisprudence that the works council also has an independent right to institute proceedings.
Therefore the works council can find itself involved in proceedings, but can also initiate proceedings itself. In this case the costs of the works council for using a legal advisor will, in principle, be paid by the entrepreneur.
We can advise both works councils and entrepreneurs about issues related to participation, both in the private and in the public sector. We can also institute proceedings related to this before the district court and the Netherlands Enterprise Court.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
"*" indicates required fields
17 September 2026
Dismissal for lying about working from home
Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.
Read more
3 September 2026
Employer, may I move to a competitor?
Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.
Read more
27 August 2026
Works council and right of consent for changes to home working policy
Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.
Read more
13 August 2026
New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs
Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.
Read more
16 July 2026
Love in the workplace: employment law considerations
Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.
Read more
29 June 2026
Pension compensation: a hot topic
Exactly one year ago, I wrote a blog about the impact of dismissal on eligibility for pension compensation from a pension provider.
Read more
13 May 2026
Dismissal of an employee due to long-term incapacity for work
As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?
Read more
15 April 2026
What to consider with overtime?
Employment contracts specify the number of hours an employee works per week. However, employees may sometimes be expected to work beyond these agreed hours, especially when approaching critical deadlines.
Read more
9 April 2026
Is an employer allowed to prohibit a dog in the workplace?
Employers have what is known as a right to issue instructions. This means they are authorised to unilaterally impose rules and guidelines on employees.
Read more
