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.
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I want to dismiss my employee, what should I consider?
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Limits to freedom of expression in the employment relationship
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