In the Netherlands the Works Council [ondernemingraad, OR] is an internal body representing employees and promotes and protect the interest of the employee. The Works Council has consultation rights in respect of certain significant proposed management decisions. Furthermore, they have approval rights in respects of intended company decisions regarding employment policies. The rules concerning staff representation are described in the Dutch Works Councils Act (Wet op de ondernemingsraden, WOR).
RIGHTS OF A WORKS COUNCIL
In case of non-compliance, the Works Council may (after interference of the Branch Committee), request the Cantonal Court to declare the entreprise to comply with his obligations. The Cantonal Court may further, upon request of the Works Council or the employees, oblige the employer of the Works Council to perform certain activities or to refrain from performing certain activities.
In case a decision is made contrary to the opinion given by the Works Council, the Works Council can lodge an appeal against the decision with the Enterprise Chamber of the Court of Appeal in Amsterdam which court can (depending on the circumstances) oblige the entreprise to withdraw its decision and reverse actions take as a result thereof; and/or forbid the employer to perform activities which are an implementation of the decision taken.
ESTABLISH AN EUROPEAN WORKS COUNCIL
If your company, is part of a multinational organisation, which operates in at least 2 countries in the European Economic Area (EEA), you must comply and need to have an European Works Council Directive (EWC)). Employees can request an EWC if the organisation has both: 1,000 or more employees in total and at least 150 employees in each of 2 or more EU states, Liechtenstein, Norway or Iceland.