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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18 March 2025
Holiday During Sick Leave: Is Permission Required?
What are the rights and obligations of employees who wish to go on holiday while on sick leave? In this blog, we explain the legal rules, the role of the company doctor, and the possible consequences if a sick employee goes on holiday without permission.
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17 March 2025
Obligations under the Collective Dismissal Notification Act
Under the Dutch Collective Dismissal Notification Act (WMCO), you are required to notify the Employment Insurance Agency (UWV) of the dismissal of 20 or more employees within three months. In this blog, we share some practical tips.
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5 March 2025
Building a paper trail in Dismissal Cases
Wherever people work together, employment relationships can be disrupted due to various circumstances. If an employer no longer wishes to continue an employment contract for this reason, the court will assess whether there is a valid ground for termination. In such cases, the dismissal file plays a crucial role.
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25 February 2025
Immediate Dismissal of a Sick Employee
During the first two years of an employee’s illness, an employer is generally not allowed to terminate the employment contract. However, there are exceptions to this rule. The dismissal protection does not apply if the sick employee is dismissed for urgent reasons, meaning they are dismissed on the spot (summary dismissal).
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12 February 2025
Gross misconduct by employer due to breach of reintegration obligations
An employer may request the court to terminate an employment contract on the grounds of a disrupted working relationship. In some cases, the court grants termination and concludes that the disruption resulted from gross misconduct by the employer. Such cases are exceptional.
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5 February 2025
A Promise is a Debt (in principle)
Can an employer retract a (verbal) promise to extend an employee’s contract? In principle, no. A promise is a debt.
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3 February 2025
Taking action against damage to employer reputation
Most employers include confidentiality clauses in employment and termination agreements.
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29 January 2025
Strengthening Works Council Rights in Bankruptcy Cases
For the second time in five years, a proposed bill was open for public consultation, introducing new rules that automatically transfer employees to the acquiring company during a restart after bankruptcy.
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20 January 2025
Respecting co-determination rights
Works councils do not often take legal action against their own management. Typically, they try to resolve disputes through constructive dialogue with the management or entrepreneur, which is often the preferred approach. However, if dialogue fails, works councils (WC) have several legal avenues available.
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