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
16 June 2025
When Embassy’s enter into an employment contract in the Netherlands
When an embassy in the Netherlands enters into an employment contract with an employee, it may expect that the laws of its home country will apply. However, this is often not the case.
Read more
11 June 2025
Booking.com employee facing termination? We offer legal advice
Booking.com has announced a large-scale reorganisation, as a result of which many positions will become redundant.
Read more
4 June 2025
Overtime can be a hot topic
Due to the tight labor market, many sectors are placing greater demands on employees than before. Overtime, meaning work performed outside the agreed-upon hours, has therefore become more common. This can lead to problems, as illustrated by a recent court case.
Read more
28 May 2025
Web surfing on company time
Replying to a private message or quickly checking the news during work hours: most of us do it occasionally.
Read more
26 May 2025
Did chronic illness play a role?
It is up to employers to decide whether or not to renew a fixed-term employment agreement. There can be various reasons for not extending an employment agreement: the employee may not fit well within the team, their performance may not meet expectations, or there may simply not be enough work available.
Read more
19 May 2025
The remuneration of temporary workers under the ABU collective labor agreement
According to a significant ruling by the Supreme Court, temporary workers whom are employed through an agency are entitled to the same compensation as employees who are directly employed by the actual employer. This right is based on European law and applies to all essential working conditions.
Read more
30 April 2025
Facing redundancy in the Netherlands?
If you’re employed by a corporation in the Netherlands and are facing redundancy, this article provides practical advice on how to navigate the situation.
Read more
24 April 2025
Restructuring: selection based on suitability is permitted
How does an employer determine which employee is made redundant during a reorganisation? The reflection principle (in Dutch: afspiegelingsbeginsel) is the obvious statutory starting point.
Read more
14 April 2025
Client or Employer?
Since January 1, 2025, the Dutch Tax Authority have resumed enforcement of payroll taxes, focusing on identifying false self-employment on the work floor.
Read more
Notifications
