Difference between European Works Council & Works Council Netherlands
Employee representation is essential in every work environment in the Netherlands. The Dutch Works Council Act defines the rules relating to staff representation. The Works Council in The Netherlands differs from the European Works Council.
European Works Council
The European Works Council (EWC) was established as a result of the economic and political integration of the European Union in multinational company affairs. As companies become transnational, local councils lacked a direct connection to the level on which the real decisions are taken. It was developed in the 1980s through informal contacts between workers’ representatives from different European countries. The bodies soon proved to be able to cater for information and the consultation needs of the employees and the company management.
Today, EWCs are regulated by two European Works Council Directives. The first was adopted in 1994 and was then revised in 2009. The directives ensure employees of community-scale undertakings are informed and consulted when decisions affecting them are made in a member state other than that which they are employed. The adoption of the revised directive came after a lengthy discussion on the need to give councils additional rights. In the end, the EWC recast directive of 2009 included essential changes regarding the definitions of consultation, information and transnational issues including the right to train employee representatives.
The EWC represents employees working in European Economic Area countries and is mandatory in a company with 1000 employees or more within the EU member states and at least 150 employees in at least 2 member states. The EWC European has the Right to Information and to Consultation.
Works Council in The Netherlands
The Work Council in The Netherlands enables employees to protect their position while looking after the interests of the company. It offers the employer with tools through which he can obtain more support for his decisions and allow employees to influence the decisions made in a company. Employees choose the members of the Works Council.
Rights of the Works Council
The rules concerning staff representation are described in the Dutch Works Councils Act (Wet op de ondernemingsraden, WOR).
Right to be Informed
WOR art. 31 – general active and passive right: supply the Works Council upon request and provide as company on own initiative all information in writing reasonably necessary for the proper fulfilment of their tasks and duties.
Right for Initiative
Right for Initiative WOR art. 23 – discuss topics at or outside the regular consultation meetings with the company.
Right to be Consulted
Right to be Consulted WOR art. 25 and art. 30 – discuss important decisions regarding the organisation including Appointment / dismissal director.
Right for Consent
Right of Consent WOR art.27 – discuss decisions on employment-related matters.
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Marieke Stoop is the co-founder and author at HRMNetherlands.com covering Human Resources
with a focus on labour law, HR best practices and leadership.
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