Employee participation

Employee Participation

Employee Participation 1200 801 Ekelmans Advocaten

Consultative bodies engage people in decision-making

Consultative bodies engage people in the decision-making in an organisation. Examples include em-ployee participation in the employer’s organisation, but also the participation of residents in a care home. Employees’ right to have a say — the right of participation — is regulated in the Works Coun-cils Act. Our lawyers can advise you on the form and substance of the consultative bodies in your company.

The right to be consulted and right of consent

The crux of the Works Councils Act (WOR in Dutch) is the right of the works council to be consulted and the right of consent concerning proposed decisions on certain company matters. The right to be consulted applies for example if there are plans for a merger or acquisition, a reorganisation or a major investment. The right of consent applies for instance to decisions to adopt, amend or withdraw remuneration or job evaluation systems, policies regarding working conditions, sickness absence or rehabilitation, and job appraisal schemes.

The employer must give the works council the opportunity to exercise these rights. If it does not do so, or does not do this correctly, the works council may be able to have a decision reversed, or to bring matters to a standstill for a substantial length of time.

In addition to the above topics, our lawyers are called upon to assist in a range of employee partici-pation issues, including the works council’s right of initiative, the works agreement, the duty of con-fidentiality, setting up a works council, elections, the staff representative body, the right to infor-mation and the appointment and dismissal of directors.

Employee participation law operates at the interface between employment law and corporate law. That is why our lawyers collaborate intensively with the Corporate Law team when a merger or ac-quisition is involved.

If problems arise in the employer’s dealings with the works council, this can have far-reaching re-percussions and spoil the workplace climate. Our lawyers are fully aware of this and give strategic advice on preparing for and implementing employee participation processes.

Broad support and trust within your company

If you have a query or would like to know more,

feel free to contact us. We will be happy to help you. If you fill in the contact form, we will phone back. Of course you can also contact one of our specialists directly.


Team of specialists

Our lawyers work in partnership with you, in compact teams of specialists. They know your industry and have the expertise that lets them be quick and to the point in advising you and helping you find a solution.


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