Works
Council Act
Article 1 General definitions
- 1. For the purposes of the present Act, the terms given below shall have the
following meanings:
a. ‘Our Minister’: Our Minister
of Social Affairs and Employment;
b. ‘the Council (SER)’: the Social
and Economic Council of the Netherlands, as mentioned
in the Organisation of Business and Industry Act [Wet op de bedrijfsorganisatie];
c. ‘enterprise’: any organisation
operating in the community as an independent entity in
which work is performed on the basis of a private-law or public-law employment
contract;
d. ‘entrepreneur’: any natural
person or legal person carrying on an enterprise;
e. ‘director’: an individual who,
alone or jointly with others, exercises the highest direct
authority in managing work within an enterprise;
f. ‘joint Sectoral Committee’ [Bedrijfscommissie]:
the authorised Joint Sectoral Committee,
as mentioned in Articles 37, 43 and 46.
- 2. For the purposes of the present Act, persons shall be deemed to be
working in an enterprise if they are engaged in work there on the basis
of either a public-law employment contract or on the basis of an employment
contract with the entrepreneur carrying on the enterprise. Persons working
in more than one enterprise operated by the same entrepreneur shall be
deemed to be working in the enterprise from which their work is managed.
- 3. For the purposes of the present Act, the following persons shall
also be deemed to be persons working in an enterprise:
a. anyone who, in the context of the activities
of an enterprise, have been working for the said enterprise for at least
24 months on the basis of an employment agency agreement (secondment agreement)
[uitzendovereenkomst], as defined in Article 7:690 of the Civil Code
b. anyone working for an entrepreneur, either
on the basis of a public-law employment contract or on the basis an employment
contract with the said entrepreneur, within an enterprise being carried
on by a different entrepreneur.
- 4. For the purposes of the present Act, the director or directors of
an enterprise shall not be deemed to be persons working in the enterprise.
Chapter II The establishment of a Works
Council
Article 2 Mandatory institution of a Works Council
for an enterprise with at least 50 employees
- 1 Any entrepreneur carrying on an enterprise in which normally at least
50 persons are working shall, in the interests of the proper functioning
of the enterprise with respect to all its objectives, establish a Works
Council in order to ensure the proper consultation and representation
of the persons working in the enterprise, and in order to be able to comply
with any requirements of or pursuant to this Act that relate to the said
Works Council.
- 2. If, at any time subsequent to the establishment of a Works Council,
there are normally less than 50 persons working in the enterprise, the
Works Council shall automatically cease to exist upon the expiry of its
current term of office, unless the entrepreneur implements Article 5a,
paragraph 2.
Article 3 Joint Works Council
- 1. Any entrepreneur carrying on two or more enterprises in which, jointly,
normally at least 50 persons are working shall establish a Joint Works
Council for one or more of these enterprises if this is in the interests
of the proper implementation of this Act within the enterprises concerned.
- 2. Paragraph 1 shall also apply accordingly to any group of associated
entrepreneurs carrying on two or more enterprises in which, jointly, normally
at least 50 persons are working. The entrepreneurs belonging to a group
shall assign one of them to act on their behalf as entrepreneur for the
purposes of this Act in dealings with the Joint Works Council.
- 3. Any enterprises for which a Joint Works Council is established shall
be deemed to be a single enterprise for the purposes of this Act.
Article 4 Works Council for a separate part of the
enterprise
- 1. Any entrepreneur carrying on an enterprise in which normally at least
50 persons are working shall establish a separate Works Council for a
part of that enterprise if this is in the interests of the proper implementation
of this Act within the enterprise.
- 2. Any part of an enterprise for which a separate Works Council is established
shall be deemed to be an enterprise for the purposes of this Act.
Article 5 Exemptions
- 1. If exceptional circumstances prevent the proper implementation of
the Act within a given enterprise, the Council (SER) may, at the request
of the entrepreneur carrying on the enterprise in question, grant the
entrepreneur, for a maximum period of five years, written exemption from
the obligation to establish a Works Council. The Council may only grant
such an exemption if, in connection with the given information to and
the consultation of the employees on the subjects mentioned in the sixth
paragraph, the entrepreneur has taken measures to guarantee that the requirement
of the seventh and eighth paragraph are met.
- 2. The Council (SER) shall make it possible for employees’ organisations,
as mentioned in Article 9, paragraph 2 (a), to express their views on
the request for exemption.
- 3. The Council (SER) may attach conditions to any exemption. The Council
(SER) shall send a copy of any decision in this regard to the Joint Sectoral
Committee.
- 4. The obligation mentioned in Article 2, paragraph 1, shall not apply
until an irrevocable decision has been passed concerning the request for
exemption.
- 5. In the present Article is understood by:
a.’ information’: the supply of
data by the entrepreneur to the employees so that they can take knowledge
of the subject and can study it;
b. ‘consultation’: an exchange
of ideas and conducting a dialogue between the employees and the entrepreneur.
- 6. ‘information’ and ‘consultation’ include:
a. information on the recent and probable developments
of the activities and the economic situation of the enterprise;
b. information and consultation on the situation,
the structure and the probable developments of the employment within the
enterprise, as well as concerning possible planned anticipating measures,
particular in case of a threat to employment;
c. information and consultation on decisions which may result in serious
changes in the organisation of work or the employment agreements.
- 7. The information must be provided at such a moment and in such a way
and must be of such content that the employees are sufficiently able to
study the information and, if necessary, make preparations for consultation.
- 8. Consultation occurs:
a. at a time, with means and a content which
are appropriate;
b. at the relevant level of the Executive Board
and representation, depending on the subject to be discussed;
c. on the basis of the information provided
for by the entrepreneur and, if relevant, on the basis of the recommendations
of the employees;
d. in such a way that the employees can meet
with the entrepreneur and may get a sound reply on their recommendations;
e. with the aim of reaching an agreement on
the decisions meant in the sixth paragraph, under point (c), which fall
under the authority of the entrepreneur.
Article 5a Mandatory institution of a Works Council
pursuant to a collective labour agreement; voluntary institution of a
Works Council
- 1. All requirements of or pursuant to the present Act shall also apply
to any entrepreneur who is obliged, pursuant to a collective labour agreement
or an arrangement relating to terms of employment laid down by a public
managing body, to establish a Works Council for an enterprise which he
carries on. If the said collective labour agreement or arrangement relating
to terms of employment laid down by a public managing body ends the obligation
of the entrepreneur to establish a Works Council, the said Works Council
shall automatically cease to exist upon the expiry of its current period
of office, unless the entrepreneur implements paragraph 2.
- 2. An entrepreneur who is not, or is no longer, under any obligation
to establish or maintain a Works Council may nonetheless decide to do
so, at his discretion. The provisions of this Act shall then apply as
of the moment that the entrepreneur gives written notification of any
such decision to the Joint Sectoral Committee. If circumstances change
materially, the entrepreneur may dissolve the said Works Council at the
end of its then current term of office. The entrepreneur shall inform
the Joint Sectoral Committee in writing of any decision to dissolve the
Works Council.
Chapter III Composition of the Works
Council and procedures
Article 6 Composition of the Works Council
- 1. The members of a Works Council shall be directly elected by the persons
working in the enterprise from their own ranks. In an enterprise:
with less than 50 persons, there shall be 3 members;
with 50 to 100 persons, there shall be 5 members;
with 100 to 200 persons, there shall be 7 members;
with 200 to 400 persons, there shall be 9 members;
with 400 to 600 persons, there shall be 11 members;
with 600 to 1000 persons, there shall be 13 members;
with 1000 to 2000 persons, there shall be 15 members;
and so forth, with an additional 2 members for every further 1,000 persons,
up to a maximum of 25 members. In its Rules of Procedure [reglement],
the Works Council may, with the permission of the entrepreneur, decide
upon a different number of members and may also decide to elect a deputy
for one or more members of the Works Council. Deputy Works Council members
shall enjoy the same rights and obligations as the members for whom they
deputise.
- 2. Persons who have been working in the enterprise for at least 6 months
shall be eligible to vote.
- 3. Persons who have been working in the enterprise for at least 12 months
shall be eligible to stand for election.
- 4. If the entrepreneur and the Works Council consider that it will be
in the interests of the proper implementation of this Act in the enterprise,
they may jointly designate as persons working in the enterprise one or
more groups of persons who regularly perform work in the enterprise but
whose status in this regard is not provided for in any employment contract
with the entrepreneur or in any public-law employment contract. The entrepreneur
and the Works Council may accordingly jointly cease to designate one or
more groups of such persons as persons working in the enterprise. If the
Works Council and the entrepreneur fail to agree, either party may request
the Subdistrict Court [kantonrechter] to decide in the matter.
- 5. The Works Council may incorporate into its Rules of Procedure regulations
that differ from those in paragraphs 2 and 3 with regard to the period
of being in service with the enterprise if this is in the interests of
the proper implementation of this Act within the enterprise.
- 6. The number of members of the Works Council may not be changed during
the term of office of the Works Council on the grounds of any increase
or reduction in the number of persons working in the enterprise.
Article 7 Chairman
The Works Council shall elect a chairman and one or more deputy chairmen
from its members. The chairman, or in the chairman’s absence, a
deputy chairman, shall be the legal representative of the Works Council.
Article 8 Internal Rules of Procedure
- 1. The Works Council shall draw up Rules of Procedure covering matters
which in or pursuant to this Act are entrusted to it or left to it for
regulation. The said Rules of Procedure shall contain no stipulations
which conflict with the Act or which hinder the proper implementation
of the Act. Prior to approving its Rules of Procedure, the Works Council
shall give the entrepreneur an opportunity to express his views. The Works
Council shall immediately provide both the entrepreneur and the Joint
Sectoral Committee with a copy of its Rules of Procedure.
- 2. With regard to the content of the Rules of Procedure, the Council
(SER) may establish further regulations by decree for all enterprises
or for a group of enterprises. In the latter case, the relevant Joint
Sectoral Committee shall be heard. A decree from the Council (SER) shall
require the approval of Our Minister. Any such approval shall be published
in the Government Gazette [Staatscourant].
- 3. If the Council issues a decree as mentioned in paragraph 2, the Works
Councils affected shall, within twelve months of the publication of the
approved decree in the Government Gazette, amend any provisions in their
Rules of Procedure in conflict with the decree so as to comply with it.
Article 9 Elections
- 1. Members of the Works Council shall be elected by secret written ballot
from one or more lists of candidates.
- 2. A list of candidates may be submitted by:
a. any employees’ organisation whose
membership includes persons working in the enterprise who are eligible
to vote, whose object according to its Articles of Association is to protect
the interests of its members as employees and which operates as such in
the relevant enterprise or industrial sector, and which moreover has had
full legal competence for at least two years, provided that it has consulted
its members in the enterprise on the composition of the list of candidates.
In determining whether the organisation meets the requirement of two years’
full legal competence, in the case of an organisation that, pursuant to
its Articles of Association, may be considered the continuation of one
or more other employees’ organisations having full legal competence,
account shall be taken of the period of the full legal competence of the
said organisation or organisations.
b. one-third or more of the persons working
in the enterprise who are eligible to vote but who are no members of an
organisation as mentioned in (a) and who have submitted a list of candidates,
with the proviso that a total of 30 signatures shall be sufficient for
submitting a list of candidates.
- 3. The Works Council may stipulate in its Rules of Procedure that, for
certain groups of persons working in the enterprise or for certain parts
of the enterprise, separate lists of candidates shall be submitted from
which the said persons or parts are to elect the number of members of
the Works Council specified in the Rules of Procedure. If the Works Council
exercises this power, the requirements laid down in paragraph 2 regarding
the submission of lists of candidates shall apply separately to every
group or part so designated.
- 4. The Works Council shall, if this is in the interests of the proper
implementation of this Act in the enterprise, include provisions in its
Rules of Procedure to ensure that the various groups of persons working
in the enterprise are represented in the Works Council as much as possible.
Article 10 Further provisions for the procedure of
elections
The Works Council shall lay down additional rules in its Rules of Procedure
relating to candidature, elections and the determination of election results,
and to the filling of interim vacancies in the Works Council.
Article 11 Notification of the election results
- 1. The Works Council shall ensure that the entrepreneur, the persons
working in the enterprise and those who have submitted lists of candidates
are notified of the results of the elections.
- 2. It shall ensure that the names and positions held in the enterprise
by the members of the Works Council are permanently on display in a place
freely accessible to all persons working in the enterprise and are presented
clearly.
Article 12 Term of office
- 1. The members of the Works Council shall all resign simultaneously
every three years. They shall be immediately eligible for re-election.
- 2. The Works Council may lay down in its Rules of Procedure that, contrary
to paragraph 1, the members shall all resign simultaneously every two
years or every four years, or that half their number shall resign every
two years. The Works Council may also impose limitations regarding eligibility
for re-election.
- 3. The term of office of a member of the Works Council shall terminate
automatically when the said member ceases to be a person working in the
enterprise.
- 4. Members of the Works Council may resign their membership at any time.
They shall notify the Chairman and the entrepreneur in writing of any
such resignation.
- 5. Anyone filling an interim vacancy shall resign at the time at which
the person being replaced would have been required to resign.
Article 13 Barring a member of the Works Council
- 1. At the request of the entrepreneur or the Works Council, the Subdistrict
Court may bar a Works Council member from participating in the activities
of the Works Council, the duration of the bar being at the Subdistrict
Court’s discretion. Any such request may only be made by the entrepreneur
on the grounds that the Works Council member in question is seriously
hindering consultation meetings between the Works Council and the entrepreneur,
or by the Works Council on the grounds that the party in question is seriously
hindering the work of the Works Council.
- 2. Prior to the submission of any request, the party who is the subject
of the request shall be given an opportunity to express his views on the
matter. The entrepreneur and the Works Council shall notify each other
if they submit any such request as mentioned in paragraph 1.
Article 14 Rules governing the work proceedings of
the Works Council
- 1. The Works Council shall establish Rules of Procedure to govern its
work proceedings.
- 2. The Rules of Procedure shall contain provisions regulating at least
the following matters:
a. the occasions upon which the Works Council
shall meet for the purposes of performing its duties;
b. the manner in which Works Council meetings
are to be convened;
c. the number of members present constituting
a quorum;
d. the ways in which the right to vote at meetings
may be exercised;
e. the provision of a secretariat;
f. the manner in which the agenda for Works
Council meetings is to be drawn up and the manner in which the entrepreneur,
the members of the Works Council and other persons working in the enterprise
are to be notified of it;
g. the latest date upon which the entrepreneur,
the members of the Works Council and the other persons working in the
enterprise are to be notified of the agenda, this date being, except in
the case of urgent matters, at least 7 days before the meeting;
h. the taking of the minutes of Works Council
meetings and the drawing up of the annual report of the Works Council,
and the manner in which these are to be made available to the entrepreneur,
the members of the Works Council and the other persons working in the
enterprise.
Article 15 Committees
- 1. The Works Council may set up any committees which the Works Council
may reasonably be deemed to require in order to perform its duties. The
Works Council shall notify the entrepreneur in writing of its intention
to set up any such committee, stating the duties, composition and powers
of the committee and the procedures it is to follow. If the entrepreneur
objects, the Works Council may request the Subdistrict Court to decide
on the matter.
- 2. The Works Council may, with due observance of paragraph 1, set up
standing committees to deal with any matters it may specify. In its decision
to set up a standing committee, the Works Council may transfer in whole
or in part to the said committee its rights and powers with respect to
the matters so specified, with the exception of its power to institute
legal proceedings. The majority of the members of a standing committee
shall be members of the Works Council. The other members may be other
persons working in the enterprise.
- 3. The Works Council may, with due observance of paragraph 1, set up
committees for parts of the enterprise to deal with matters concerning
these specific parts of the enterprise. In its decision to set up any
such committee, the Works Council may grant the committee power to consult
with the manager of the relevant part of the enterprise. In that event,
the rights and powers of the Works Council with respect to matters relating
to the said part of the enterprise shall, unless the Works Council itself
decides to take action on a particular matter, be transferred to the committee,
with the exception of its power to institute legal proceedings. At least
one member of such a committee shall be a member of the Works Council.
All other members shall be persons working in the part of the enterprise
in question.
- 4. The Works Council may, with due observance of paragraph 1, set up
committees to prepare matters to be dealt with by the Works Council. Such
preparatory committees may not exercise any powers or rights belonging
to the Works Council. A preparatory committee may only be set up for a
limited period of time, to be specified by the Works Council in its decision
to set up the committee in question. At least one member of such a committee
shall be a member of the Works Council. Other members of the committee
may be persons working in the enterprise who are not members of the Works
Council.
- 5. Article 13 shall apply accordingly to members of Works Council committees
who are not members of the Works Council.
Article 16 Invitation and advise of external experts
- 1. The Works Council may invite one or more experts to attend a Works
Council meeting in connection with the discussion of a particular subject.
Such invitations may also be extended to one or more directors of the
enterprise or to one or more persons as mentioned in Article 24, paragraph
2.
- 2. At the meeting, members of the Works Council may ask the persons
mentioned in paragraph 1 for information and advice.
- 3. An expert may also be invited to submit advice in writing.
- 4. The above paragraphs shall apply accordingly to Works Council committees.
Article 17 Facilities
- 1. The entrepreneur shall allow the Works Council, its committees and,
if the entrepreneur has established the post of secretary to the Works
Council, the secretary to the Works Council to use any facilities that
he may have at his disposal in his capacity as entrepreneur and which
the Works Council and its committees may reasonably be deemed to require
in order to perform their duties. The entrepreneur shall enable the Works
Council and its committees to consult all persons working in the enterprise
and shall enable the said persons to participate in such consultation,
insofar as may reasonably be deemed to be necessary for the members of
the Works Council and its committees to perform their duties.
- 2. The Works Council and its committees shall as far as possible hold
their meetings during normal working hours.
- 3. Members of the Works Council and members of Works Council committees
shall retain their entitlement to full pay or remuneration for the time
during which they do not perform the work specified in their employment
agreement due to their attendance at a meeting of the Works Council or
one of its committees.
Article 18 Dispensation from work; training and education
rights
- 1. For a specified total number of hours per year, to be agreed upon
jointly by the Works Council and the entrepreneur, the entrepreneur shall
give members of the Works Council and its committees an opportunity during
working hours and with full pay or remuneration to meet in mutual consultation
and to consult with other persons on matters relating to the performance
of their duties and for the purposes of acquainting themselves with the
working conditions in the enterprise.
- 2. For a certain number of days per year, to be agreed upon jointly
by the Works Council and the entrepreneur, the entrepreneur shall give
members of the Works Council and its standing committees and committees
for parts of the enterprise as mentioned in Article 15, paragraphs 2 and
3 respectively, an opportunity during working hours and with full pay
or remuneration to undergo any training and development which they deem
necessary to enable them to perform their duties.
- 3. The entrepreneur and the Works Council shall set the number of hours,
as mentioned in paragraph 1, and the number of days, as mentioned in paragraph
2, at a total which may be deemed to be reasonable in order to enable
members of the Works Council and its committees to perform their duties,
with the proviso that the total number of hours shall be at least sixty
per year and the total number of days shall be as follows:
a. for a member of one of the committees mentioned
in paragraph 2 who is not also a member of the Works Council, at least
three days per year;
b. for a member of the Works Council who is
not a member of a committee mentioned in paragraph 2, at least five days
per year; and
c. for a member of the Works Council who is
also a member of a committee, at least eight days per year.
- 4. The Works Council, or any member of the Works Council or any of its
committees, may request the Subdistrict Court to rule that the entrepreneur
must comply with the provisions of paragraphs 1, 2 and 3.
Article 20 Confidentiality
- 1. Members of the Works Council and members of its committees, as well
as any experts consulted in accordance with Article 16, shall treat all
business and industrial secrets which may come to their knowledge in the
said capacity in strict confidence, and also all matters with respect
to which the entrepreneur, the Works Council or the relevant Works Council
committee has imposed an obligation of confidentiality, or whose confidential
nature they may be expected to understand on account of an obligation
of confidentiality being imposed. Any intention to impose an obligation
of confidentiality should, where possible, be announced before the matter
in question is dealt with. The party imposing the obligation of confidentiality
shall also at the same time give notice of which oral or written information
is to be subject to the obligation, how long the obligation is to last
and whether there are any parties with respect to whom the obligation
need not be observed.
- 2. Paragraph 1 shall apply accordingly to the staff of the secretariat
of the Works Council or any Works Council committee.
- 3. The obligation mentioned in paragraph 1 shall not apply to anyone
instructed by the courts to investigate the conduct of affairs in the
enterprise.
- 4. The obligation mentioned in paragraph 1 shall neither apply to any
person approached for consultation by a member of the Works Council or
by a member of a Works Council committee, provided that the entrepreneur
or the party imposing the obligation of confidentiality has given prior
approval for the consultation meeting with the said person and that the
latter has given a written undertaking to observe confidentiality regarding
the matter in question. In that case, paragraph 1 shall apply accordingly
to the said person.
- 5. In the event that the entrepreneur or the person who has imposed
the obligation of confidentiality refuses to give the approval mentioned
in the previous paragraph, he shall state the grounds upon which such
refusal is based.
- 6. The obligation of confidentiality shall not end upon termination
of membership of the Works Council or the relevant Works Council committee,
nor when the person in question ceases to work in the enterprise.
- 7. The Works Council, every member of the Works Council or of a committee
of that Council, an expert who has been consulted in accordance with Article
16 and everyone who is charged with the secretariat of the Works Council
or of a committee of that Council may request the Subdistrict Court to
raise the imposed obligation of confidentiality on the ground that the
entrepreneur, in considering the concerned interests, reasonably could
not have decided to impose such an obligation of confidentiality.
Article 21 Protection of the members of the Works
Council
The entrepreneur shall ensure that no person working in the enterprise
whose name appears or has appeared on a list of candidates as mentioned
in Article 9 or who is or has been a member of the Works Council or one
of its committees is placed at any disadvantage with respect to his or
her position in the enterprise on the grounds of any candidature for or
membership of the Works Council or a Works Council committee. If the entrepreneur
has established the post of secretary to the Works Council, the first
sentence of this paragraph shall also apply to the person holding that
post. The first sentence of this paragraph shall also apply to anyone
who takes or took the initiative to establish a Works Council. The Works
Council, as well as each person working in the enterprise as mentioned
in the first three sentences of this paragraph, may request the Subdistrict
Court to rule that the entrepreneur must comply with the provisions mentioned
in the first three sentences of this paragraph. With regard to persons
working in the enterprise on the basis of a public-law employment contract,
a different court shall act instead of the Subdistrict Court.
Article 22 Expenses
- 1. Any costs incurred which may reasonably be deemed necessary for the
Works Council and its committees to be able to perform their duties shall
be borne by the entrepreneur.
- 2. With due observance of paragraph 1, any costs incurred by the Works
Council or its committees in consulting experts, in accordance with the
provisions of Article 16 and Article 23a, paragraph 6, and any costs incurred
by the Works Council in bringing legal proceedings shall only be borne
by the entrepreneur if he has been notified in advance that the said costs
will be incurred. The preceding sentence shall not apply if paragraph
3 has been implemented.
- 3. In agreement with the Works Council, the entrepreneur may set a sum
for the total costs that may be incurred by the Works Council and its
committees in any one year, insofar as these costs are not incurred in
consequence of the provisions of Articles 17 and 18, which sum the Works
Council may spend at its own discretion. Any costs in excess of this sum
shall be borne by the entrepreneur only insofar as he consents to bear
them.
Article 22a Costs of legal proceedings
The Works Council may not be ordered to pay the costs of any legal proceedings
between the entrepreneur and the Works Council.
Chapter IV Consultation with the Works
Council
Article 23 Number of meetings; subjects to be discussed;
right of initiative; consultation with directors
- 1. The entrepreneur and the Works Council shall meet within 14 days
of either party having submitted a request for a consultation meeting
to be held and having stated the reasons for desiring such a meeting.
- 2. Consultation meetings as mentioned in paragraph 1 shall deal with
matters relating to the enterprise concerning which either the entrepreneur
or the Works Council considers a consultation meeting desirable or concerning
which a consultation meeting between the entrepreneur and the Works Council
is required by or pursuant to this Act. The Works Council may submit proposals
concerning the aforesaid matters and present its views. Matters relating
to the enterprise shall not include issues of policy relating to any duty
under public law, or matters concerning the performance thereof, which
are assigned to the entrepreneur by or pursuant to statutory regulation,
except insofar as the said performance affects the work of the persons
working in the enterprise.
- 3. The Works Council may also submit proposals to the entrepreneur regarding
the matters mentioned in paragraph 2 outside the consultation meetings.
Any such proposal shall be submitted to the entrepreneur in writing and
be accompanied by explanatory notes. The entrepreneur shall not take a
decision on the proposal until it has been discussed at least once at
a consultation meeting. As soon as possible after the said consultation
meeting, the entrepreneur shall inform the Works Council by notice in
writing as to whether he accepts the proposal, and if so, to what extent,
stating also the grounds upon which the decision is based.
- 4. Consultations shall be conducted on behalf of the entrepreneur by
the director of the enterprise. If the enterprise has more than one director,
the directors shall decide jointly who of them is to conduct consultations
with the Works Council.
- 5. The director mentioned in paragraph 4 may allow one of his co-directors
to deputise for him with regard to a particular subject or if he is unable
to attend. If the management of the enterprise consists of only one director
and he is unable to attend, he may arrange to be replaced by a person
as mentioned in Article 24, paragraph 2, or by a person working in the
enterprise who has been authorised to conduct consultations with the Works
Council on behalf of the entrepreneur.
- 6. The director or the person deputising for him may receive assistance
during consultation meetings from one or more co-directors, from persons
as mentioned in Article 24, paragraph 2, or from persons working in the
enterprise.
Article 23a Quorum; chairman; secretary; agenda; invitation
of experts
- 1. A consultation meeting may be held only if the provisions governing
the holding of Works Council meetings set out in the Rules of Procedure
of the Works Council have been met in respect of the Works Council. All
members of the Works Council may speak at the meeting.
- 2. Unless the entrepreneur and the Works Council jointly agree otherwise,
the consultation meeting shall be chaired alternately by the director
or his deputy in accordance with Article 23, paragraph 5, and the chairman
or deputy chairman of the Works Council.
- 3. The secretary to the Works Council shall act as secretary to the
consultation meeting unless the entrepreneur and the Works Council jointly
appoint a different person as secretary.
- 4. The agenda of the consultation meeting shall consist of items submitted
to the secretary by the entrepreneur or the Works Council. The minutes
of the consultation meeting shall require the approval of the entrepreneur
and the Works Council.
- 5. The entrepreneur and the Works Council shall make joint arrangements
governing the procedures to be followed at consultation meetings, and
the time at which and the manner in which the agenda and the minutes of
the consultation meeting are to be made available to the persons working
in the enterprise.
- 6. Articles 17 and 22 shall apply accordingly to consultation meetings.
Both the Works Council and the entrepreneur may invite one or more experts
to attend a consultation meeting, provided that this may reasonably be
deemed necessary for the proper handling of a given matter. The parties
shall notify each other in good time if they intend to issue any such
invitation.
Article 23b Decisions; adjournment of meetings
- 1. Decisions may be made by both the entrepreneur and the Works Council
during a consultation meeting.
- 2. The chairman shall adjourn a consultation meeting if either the entrepreneur
or the Works Council considers it desirable to deliberate separately on
a particular matter.
Article 23c Powers of subcommittees
If the Works Council has granted authority to a committee relating to
a part of the enterprise to consult with the manager of the relevant part
of the enterprise, then Article 17, 22, 23, 23a, paragraph 2, 4 and 6,
23b, 24, paragraph 1, 25, 27, 28, 31a, paragraph 1, 6 and 7, 31b en 31c
shall apply accordingly. The mentioned consultation meetings shall not
deal with any matters dealt with in consultation meetings with the Works
Council.
Article 24 Consultation meeting
- 1. The general operation of the enterprise shall be discussed at least
twice a year in consultation meetings. The entrepreneur shall inform the
said meetings about any decisions he is considering relating to the matters
mentioned in Articles 25 and 27. At the meetings, agreement will also
be made about when and how the Works Council will be involved in the decision-making
process.
- 2. If the enterprise is carried on by a public limited company [naamloze
vennootschap], a private limited company [besloten vennootschap met beperkte
aansprakelijkheid], a cooperative [coöperatie] or a mutual insurance
association [onderlinge waarborgmaatschappij], the company’s Supervisory
Directors, if any, or one or more representatives from their number shall
be present at the meetings mentioned in paragraph 1. If at least half
the shares of the company are held directly or indirectly by another company
for its own account, the aforementioned obligation shall rest on the directors
of the last-mentioned company or one or more representatives designated
by them. If the enterprise is carried on by an association or a foundation
[stichting], the members of the Executive Committee of the association
or foundation or one or more representatives from their number shall be
present. The Works Council may decide in particular cases that this paragraph
need not be applied.
- 3. The provisions of paragraph 2 shall not apply to an enterprise carried
on by an entrepreneur who carries on at least five enterprises for which
a Works Council has been established to which the provisions of this Act
pertain, or by an entrepreneur forming part of a group of associated entrepreneurs
who have jointly established at least five Works Councils to which the
provisions of this Act pertain.
Chapter IV-A Special powers of the
Works Council
Article 25 The right to put forward recommendations
- 1. The entrepreneur shall give the Works Council an opportunity to render
advice on any decision he proposes to make with regard to:
a. transfer of control of the enterprise or
any part thereof;
b. the establishment, take-over or relinquishment
of control of another enterprise, or entering into, making a major modification
to or severing a continuing collaboration with another enterprise, including
the entering into, effecting of major changes to or severing of an important
financial holding on account of or for the benefit of such an enterprise;
c. termination of operations of the enterprise
or a significant part thereof;
d. any significant reduction, expansion or
other change in the enterprise’s activities;
e. major changes to the organisation or to
the distribution of powers within the enterprise;
f. any change in the location of the enterprise’s
operations;
g. recruitment or borrowing of labour on a
group basis;
h. making major investments on behalf of the
enterprise;
i. taking out major loans for the enterprise;
j. granting substantial credit to or giving
security for substantial debts of another entrepreneur, unless this is
normal practice and part of the activities of the enterprise;
k. the introduction or alteration of an important
technological provision;
l. taking an important measure regarding the
management of the natural environment by the enterprise, including the
taking or changing of policy-related, organisational or administrative
measures relating to the natural environment;
m. adopting a provision relating to the bearing
of financial risks as mentioned in Article 75, paragraph 1 of the Disablement
Benefits Act [Wet op de arbeidsongeschiktheidsverzekering];
n. commissioning an expert from outside the
enterprise to advise on any of the matters referred to above and formulating
his terms of reference.
The provisions of point (b) and (n), insofar as the latter relates to
a matter mentioned in point (b), shall not apply if the other enterprise
is established or is being established abroad and the proposed decision
cannot reasonably be expected to lead to a decision as mentioned in point
(c) to (f) concerning an enterprise being carried on by the entrepreneur
in the Netherlands.
- 2. The entrepreneur shall submit the proposed decision in writing to
the Works Council for its advice. This advice shall be requested at a
time when it can still significantly affect the decision to be taken.
- 3. When its advice is being sought, the Works Council shall be furnished
with a summary of the grounds for the decision, its expected consequences
for persons working in the enterprise and the measures proposed for dealing
with such consequences.
- 4. The Works Council shall not render advice on a proposed decision
as mentioned in paragraph 1 until the matter in question has been considered
at least once in a consultation meeting. Article 24, paragraph 2, shall
apply accordingly to the discussion of the proposed decision at the consultation
meeting.
- 5. If a decision mentioned in paragraph 1 is taken, advice having first
been given by the Works Council, the entrepreneur shall, as soon as possible,
send the Works Council written notification of the decision. If the Works
Council’s advice has not been followed or only partially so, the
Works Council shall also be informed of the reasons for this. To the extent
that the Works Council has not already given its advice on the implementation
of the decision, its advice shall also be sought on such implementation.
- 6. Unless the entrepreneur’s decision is in accordance with the
advice of the Works Council, the entrepreneur shall postpone implementation
of the decision until one month after the day upon which the Works Council
was notified of the decision. This obligation shall lapse if the Works
Council gives notice to that effect.
Article 26 Right to appeal
- 1. The Works Council may lodge an appeal with the Enterprise Section
[Ondernemingskamer] of the Amsterdam Court of Appeal [Gerechtshof] against
a decision by an entrepreneur as mentioned in Article 25, paragraph 5,
either if the decision is not in accordance with the advice of the Works
Council or if facts or circumstances have become known which, if they
had been known to the Works Council at the time of rendering its advice,
could have been grounds for not giving an advice as rendered.
- 2. Appeals shall be lodged by petition within a month of the Works Council
being informed of the decision mentioned in paragraph 1.
- 3. The entrepreneur shall be informed of any appeal that is lodged.
- 4. Appeals may be lodged only on the grounds that the entrepreneur,
in weighing the interests involved, in all fairness could not have come
to the decision concerned.
- 5. The Enterprise Section shall deal with the petition with the utmost
urgency. Before giving its ruling, it may, in its official capacity, take
evidence from experts as well as from persons working in the enterprise.
If the Enterprise Section awards the appeal, it shall declare that in
weighing the interests involved, the entrepreneur in all fairness could
not have taken the involved decision. It may, if the Works Council has
so requested, also take one or more of the following measures:
a. order the entrepreneur to rescind his decision
in whole or in part, and to reverse specified consequences of the decision;
b. prohibit the entrepreneur from performing
certain actions or causing them to be performed in implementation of the
decision or parts thereof. No measures taken by the Enterprise Section
may infringe any rights acquired by third parties.
- 6. Any failure to comply with or any violation of a prohibition as mentioned
in paragraph 5 is forbidden.
- 7. If both parties request so or if the entrepreneur undertakes to rescind
or modify the decision against which an appeal has been lodged or to reverse
certain consequences of the decision, the Enterprise Section may for a
period of its own specification defer judgement on a petition for measures
to be taken.
- 8. Following the submission of a petition, the Enterprise Section may
take provisional measures, if necessary without delay. Paragraph 5, sentences
four and five, and paragraph 6 shall apply accordingly.
- 9. Appeals against a decree by the Enterprise Section may be lodged
only with the Supreme Court [Hoge Raad].
Article 27 Right of approval
- 1. The approval of the Works Council shall be required for every proposed
decision on the part of the entrepreneur to lay down, amend or withdraw:
a. any regulation relating to a pension insurance
scheme, a profit-sharing scheme or a savings scheme;
b. regulations relating to working hours or
holidays;
c. pay or job-grading systems;
d. regulations relating to working conditions,
sick leave or reintegration;
e. regulations relating to policy on appointments,
dismissals or promotion;
f. regulations relating to staff training;
g. regulations relating to staff appraisals;
h. regulations relating to industrial social
work;
i. regulations relating to job coordination
meetings;
j. regulations relating to complaints procedures;
k. regulations relating to the handling and
protection of personal information of persons working in the enterprise;
l. regulations relating to measures aimed at
or suitable for monitoring or checking the attendance, behaviour or performance
of persons working in the enterprise;
all the above matters only insofar they relate to all the persons working
in the enterprise or to a group thereof.
- 2. The entrepreneur shall submit his proposed decision in writing to
the Works Council. In addition, he shall present a summary of his reasons
for the decision, as well as the consequences that the decision is expected
to have for persons working in the enterprise. The Works Council shall
not take a definitive standpoint on the matter in question until it has
been discussed at least once in a consultation meeting. After the consultation
meeting, the Works Council shall as soon as possible notify the entrepreneur
in writing of its standpoint and the grounds on which that standpoint
is based. After the Works Council has made its standpoint known, the entrepreneur
shall notify the Works Council in writing of the decision he has taken
and the date upon which the said decision will take effect.
- 3. The obligation mentioned in paragraph 1 shall not apply if and insofar
as the matter in question has already been regulated for the enterprise
in a collective labour agreement or in an arrangement relating to terms
of employment laid down by a public managing body.
- 4. If the Works Council declines to endorse the entrepreneur’s
proposed decision, the entrepreneur may ask the Subdistrict Court to rule
on the matter. The Subdistrict Court shall only grant permission for the
decision to be implemented if the Works Council’s refusal to endorse
the decision is unreasonable or if the entrepreneur’s proposed decision
is required for important organisational, economic or social reasons relating
to the enterprise.
- 5. Any decision as mentioned in paragraph 1 taken without the endorsement
of the Works Council or the permission of the Subdistrict Court shall
be invalid if the Works Council submits a written appeal to the entrepreneur
against the decision on the grounds of invalidity within one month of
either the entrepreneur having notified the Works Council of the decision
in accordance with the last sentence of paragraph 2 or, in the absence
of such notification, of the Works Council having discovered that the
entrepreneur has implemented or applied the decision.
- 6. The Works Council may request the Subdistrict Court to order the
entrepreneur to refrain from any actions which would involve implementing
or applying an invalid decision as mentioned in paragraph 5. The entrepreneur
may request the Subdistrict Court to declare that the Works Council’s
appeal against the decision on the grounds of invalidity, as mentioned
in paragraph 5, is unfounded.
Article 28 Special tasks
- 1. The Works Council shall do all within its power to ensure due observation
of any regulations applying to the enterprise regarding terms of employment
and issues of working conditions and working and resting hours of persons
working in the enterprise.
- 2. The Works Council shall also do all within its power to promote the
consultative coordination of work activities and the transfer of responsibilities
within the enterprise in order that the persons working in the enterprise
may be as involved as possible in regulating work in the part of the enterprise
in which they work.
- 3. The Works Council shall guard against discrimination in general within
the enterprise, and shall in particular promote the equal treatment of
men and women and the employment of disabled persons and minorities in
the enterprise.
- 4. The Works Council shall do all in its power to promote environmental
care on the part of the enterprise, including the taking or changing of
policy-related, organisational or administrative measures relating to
the natural environment.
Article 29 Right to appoint board members of institutions
for the employees
The Works Council may appoint from its members or elsewhere a number (to
be determined by the entrepreneur, but at least half) of the board members
of institutions set up by the entrepreneur for the benefit of the persons
working in the enterprise, except insofar as by or pursuant to law the
management of any such institution is regulated otherwise.
Article 30 The right to put forward recommendations
with regard to the appointment of dismissal of Directors
- 1. The entrepreneur shall invite the Works Council to render advice
on any proposed decision on the part of the entrepreneur to appoint or
dismiss a director of the enterprise.
- 2. This advice shall be invited at a time when it can still significantly
affect the decision to be taken.
- 3. The entrepreneur shall inform the Works Council of the reasons for
his decision and in the event of an appointment shall also provide information
on the basis of which the Works Council can form an opinion of the individual
in question in relation to his or her future position in the enterprise.
Article 25, paragraph 4 and Article 25, paragraph 5, first and second
sentences, shall apply accordingly.
Chapter IV- B Informing the Works Council
Article 31 Obligation to provide information
- 1. If requested to do so, the entrepreneur shall in a timely fashion
provide the Works Council and its committees with all the information
and data such as they may reasonably be deemed to require in order to
perform their duties. The information and data shall, upon request, be
provided in writing.
- 2. A t the beginning of every term of office, the entrepreneur shall
provide the Works Council with written information on the following matters:
a. the legal form of the entrepreneur: if the
entrepreneur is not a legal person under public law, the Articles of Association
[statuten] of that legal person must also be provided;
b. if the entrepreneur is a natural person
[natuurlijke persoon], a commercial (occupational) partnership [maatschap]
or a partnership without legal personality [niet-rechtspersoonlijkheid
bezittende vennootschap]: the name and address of the said natural person
or the names and addresses of the members of the said partnership or the
managing partners of the said partnership without legal personality;
c. if the entrepreneur is a legal person: the
names and addresses of the members of the Supervisory Board or the Board
of Management;
d. if the entrepreneur forms part of a group
of entrepreneurs: the entrepreneurs forming the group, the power structures
linking them, and the names and addresses of those who in consequence
of the before mentioned power structures are able to exercise actual control
over the enterprise;
e. any entrepreneur or institution with whom
the entrepreneur, other than by reason of the power structures mentioned
under point (d), maintains long-term relations of fundamental importance
for the continuation of the enterprise, as well as the names and addresses
of those who, as a result of such relations, are able to exercise actual
control over the entrepreneur;
f. the way in which the enterprise is organised,
the names and addresses of the directors and other principal managerial
staff, and the manner in which powers are distributed among them.
- 3. The entrepreneur shall inform the Works Council as soon as possible
of any changes occurring in the information specified in paragraph 2.
Article 31a Information about the general operation
of the enterprise, its financial situation and the annual account
- 1. In order to facilitate proper discussion of the general operation
of the enterprise, the entrepreneur shall, at least twice a year, provide
the Works Council, either orally or in writing, with general information
concerning the activities and financial results of the enterprise relating
to the preceding period and in particular regarding the matters mentioned
in Article 25.
- 2. In the event of an enterprise operated by a foundation or association
as mentioned in Article 360, paragraph 3 of Book 2 of the Dutch Civil
Code, a cooperative, a mutual insurance association, a public limited
company or private limited company, the entrepreneur shall submit to the
Works Council for the purposes of discussion and as soon as possible after
the annual accounts have been drawn up, a copy of the annual accounts
and the annual report in Dutch together with the other information required
to be attached to these, pursuant to Article 392 of Book 2 of the Dutch
Civil Code. In the event of an enterprise operated by a legal person to
which Article 163 or Article 273 of Book 2 of the Dutch Civil Code applies,
the before mentioned material shall be submitted simultaneously with its
submission to the general meeting of shareholders. The above shall apply
accordingly to the statement that a legal person is required to make,
pursuant to Article 362, paragraph 6, last sentence, of Book 2 of the
Dutch Civil Code.
- 3. In the event of an entrepreneur belonging to a group of associated
entrepreneurs, if the financial information relating to this entrepreneur
is included in a consolidated annual account as mentioned in Article 405
of Book 2 of the Dutch Civil Code, the entrepreneur shall submit to the
Works Council for the purposes of discussion a copy of this consolidated
annual account, the annual report and the other information as mentioned
in Article 392 of the before mentioned Book regarding the legal body that
compiled the consolidated annual account. If the financial information
relating to such an entrepreneur is not included in a consolidated annual
account, the entrepreneur shall instead submit to the Works Council for
the purposes of discussion written information that will enable it to
gain insight into the joint financial results of the enterprises operated
by the meant group of entrepreneurs.
- 4. If the annual accounts of the entrepreneur relate to more than one
enterprise, the entrepreneur shall simultaneously submit to the Works
Council written information that will enable it to gain insight into the
extent to which the enterprise for which the Works Council was established
contributed to the joint financial results of those enterprises by. If
a consolidated annual account as mentioned in paragraph 3 is submitted,
the above shall apply accordingly.
- 5. In the event of an enterprise operated by an entrepreneur to whom
paragraph 2 does not apply, the entrepreneur shall submit to the Works
Council for the purposes of discussion alternative written information
to be designated by Order in Council [Algemene Maatregel van Bestuur,
AMvB]. Paragraph 3 and 4 shall apply accordingly.
- 6. At least twice a year, for the purposes of discussing the general
operation of the enterprise, the entrepreneur shall inform the Works Council
orally or in writing of his expectations with respect to the activities
and the financial results of the enterprise in the coming period, in particular
with regard to such matters as mentioned in Article 25, and to all investments
at home and abroad.
- 7. If it is the entrepreneur’s custom to draw up a long-term plan
for the enterprise, or an estimate or a budget for income and expenditure,
that plan or estimate or budget, or a summary thereof, shall be submitted
with explanatory notes to the Works Council and be included in the discussion.
Paragraph 3 and 4 shall apply accordingly.
- 8. If the entrepreneur publishes an environmental report pursuant to
Article 12, paragraph 2, or Article 12, paragraph 4, of the Environmental
Management Act [Wet Milieubeheer], he shall submit to the Works Council
for the purposes of discussion a copy of this report as soon as possible
after it has been drawn up. This obligation also applies with respect
to an environmental report [milieuverklaring] as specified in Article
12.3 of the Environmental Management Act.
Article 31b Information about the number of employees
and the various groups of persons working in the enterprise
- 1. At least once a year, for the purposes of discussing the general
operation of the enterprise, the entrepreneur shall provide the Works
Council with general information in writing concerning the number of persons
working in the enterprise, the various groups thereof and their size,
and the social policy pursued in respect of the said persons during the
preceding year, in particular with regard to the matters mentioned in
Articles 27, 28 and 29. This information shall be sufficiently specific
in terms of numbers to show the effect various aspects of social policy
have had on individual parts of the enterprise and individual job groups.
- 2. The entrepreneur shall also give notice, orally or in writing, of
his expectations with regard to staffing developments in the coming year
and of the social policy he will pursue in that year, in particular with
regard to the matters mentioned in Articles 27, 28 and 29.
Article 31c Information when assigning an order to
an external expert
The entrepreneur shall notify the Works Council as soon as possible of
any intention on his part to assign an outside expert to make recommendations
on any of the matters mentioned in Article 27.
Article 31d Information about the conditions of employment
for various groups of employees
- 1. To be able to review the general operation of the enterprise the
entrepreneur provides the Works Council at least once a year in writing
with information about the scope and content of the regulations with regard
to the conditions of employment for and the appointments made with each
separate group of persons working in the enterprise.
- 2. To this end the entrepreneur also provides written information about
the scope and content of the regulations with regard to the conditions
of employment for and the appointments made with the Board of Directors
representing the legal person and the total amount of the compensations
paid to the Supervisory Directors meant in Article 24, second paragraph.
- 3. With respect to the first and second paragraph the provided information
must make clear to what percentage these regulations on the conditions
of employment and appointments are in proportion to each other and to
those of the previous year.
- 4. Where a group as meant in the first paragraph, the Board of Directors
or the Supervisory Directors as meant in the second paragraph consist
of less than five persons, it is possible for the purpose of these paragraphs
to add two or more positions together so that a group of at least five
persons arises.
- 5. The entrepreneur is obliged to notify the Works Council as soon as
possibly of important modifications which are made in these regulations
and appointments.
- 6. This Article applies exclusively to enterprises in which, as a rule,
at least 100 persons are working.
Article 31e Applicability of Article 31d
Article 31d does not apply to:
a. the private company with restricted liability
where one of the directors or Supervisory Directors is a natural person
who, directly or indirectly, has a substantial interest in the legal person
in the meaning of Article 4.6 of the Income Tax Act 2001, or
b. legal persons to whom Article 396 or 397
of Chapter 9 of Book 2 of the Civil Code apply.
Chapter IV-C Additional powers of the
Works Council
Article 32 Additional powers on the basis of a Collective
Labour Agreement or a voluntary agreement
- 1. Powers in addition to those mentioned in this Act may be granted
to the Works Council or Works Councils of the enterprise or enterprises
party to that collective agreement or arrangement by means of a collective
labour agreement or an arrangement relating to terms of employment laid
down by a pubic managing body.
- 2. Powers in addition to those mentioned in this Act may be granted
to the Works Council as well as additional stipulations concerning the
application of provisions of or pursuant to this Act by means of an agreement
in writing between the entrepreneur and the Works Council. The entrepreneur
shall send a copy of the agreement to the Joint Sectoral Committee.
- 3. If, on the basis of this Article, the Works Council is granted advisory
powers or the right to approve decisions, the advice or approval of the
Works Council shall not be required insofar as the substance of the matter
has already been regulated for the enterprise in a collective labour agreement
or in an arrangement relating to terms of employment laid down by a public
managing body.
- 4. If, in such an agreement, the Works Council is granted the right
to render advice on or to approve proposed decisions by the entrepreneur,
other than those mentioned in Articles 25 and 27 respectively, then Article
26 and Article 27, paragraphs 4, 5 and 6, shall apply accordingly.
Chapter V Central Works Councils and
Group Works Councils
Article 33 Institution of a Central Works Council
and Group Works Council
- 1. Any entrepreneur who has established two or more Works Councils shall
also establish a Central Works Council [Centrale Ondernemingsraad] for
a number of the enterprises carried on by the entrepreneur, if this is
in the interests of the proper implementation of this Act in respect of
those enterprises.
- 2. Any entrepreneur who has established two or more Works Councils shall
establish a Group Works Council [Groepsondernemingsraad] for a number
of the enterprises that he carries on, if this is in the interests of
the proper implementation of this Act in respect of those enterprises.
- 3. Paragraphs 1 and 2 shall apply accordingly to a group of entrepreneurs
who have established two or more Works Councils jointly. The before mentioned
group of entrepreneurs shall appoint one of the participating entrepreneurs
to act on their behalf as entrepreneur for the purposes of this Act with
respect to the Central Works Council or Group Works Council.
Article 34 Composition of the Central Works Council
and Group Works Council
- 1. A Central Works Council shall be made up of members elected by the
relevant Works Councils from the members of each of the said Works Councils.
For each member, a deputy may be elected who shall enjoy the same rights
and obligations as the member for whom he deputises.
- 2. If one or more Group Works Councils have been established, the Central
Works Council may lay down in its Rules of Procedure that the Central
Works Council, contrary to the provisions of paragraph 1, shall, in full
or in part, be made up of members elected by the relevant Group Works
Councils from the members of the said Group Works Councils. For each member
so elected, a deputy may be elected who shall enjoy the same rights and
obligations as the member for whom he deputises.
- 3. The Rules of Procedure of the Central Works Council shall specify
the number of members who may be elected from each Works Council or Group
Works Council. The Rules of Procedure shall also contain provisions to
the effect that the various groups of persons working in the enterprises
in question shall as far as possible be represented on the Central Works
Council. The Works Councils or Group Works Councils concerned shall be
consulted about the incorporation of such provisions in the Rules of Procedure.
- 4. A Central Works Council may also lay down in its Rules of Procedure
that, in addition to the members mentioned in paragraph 3, the Central
Works Council may also comprise representatives of enterprises which are
operated by the entrepreneur or entrepreneurs mentioned in Article 33
but with respect to which they are not obliged to establish a Works Council.
The Central Works Council shall specify in its Rules of Procedure the
number of such representatives and the way in which they are to be elected.
- 5. If a member of a Central Works Council or his deputy ceases to be
a member of the Works Council or Group Works Council by which he has been
elected, his membership of the Central Works Council shall terminate automatically.
The same shall apply if a representative of an enterprise as mentioned
in paragraph 4 ceases to work in the enterprise in question. Any exclusion
as mentioned in Article 13 of a Works Council member or Group Works Council
member who is also a member of a Central Works Council shall also entail
exclusion of the person in question from participation in the activities
of the Central Works Council.
- 6. The following Articles shall apply accordingly to the Central Works
Council: Article 7, 8, 10, 11, 12, 13, 14, 15 paragraphs 1, 2, 4 and 5,
Article 16, 17, 18, 19, 20, 21 and 22.
- 7. The preceding paragraphs, with the exception of paragraph 2, shall
apply accordingly to a Group Works Council.
Article 35 Powers an tasks of the Central Works Council
and Group Works Council
- 1. Articles 22a up to and including 32, with the exception of Articles
23c and 24, paragraph 3, shall apply accordingly to Central Works Councils
and Group Works Councils, on the understanding that the meant Councils
may deal only with matters of common interest to all or most of the enterprises
for which they have been established, regardless whether individual Works
Councils may exercise powers in relation to such matters.
- 2. If individual Works Councils may exercise powers in relation to such
matters as mentioned in paragraph 1, these powers shall be transferred
to the Central Works Council or Group Works Council, on the understanding
that Group Works Councils shall not deal with matters that are dealt with
by the Central Works Council.
Chapter V-A Employee participation
in small enterprises
Article 35b Meetings between the entrepreneur and
employees
- 1. In the event of an enterprise in which there are normally at least
10 and less than 50 persons working and for which no Works Council or
employee representative body has been established, the entrepreneur shall
give the persons working in the enterprise an opportunity of meeting with
him at least twice each calendar year. He shall also convene a meeting
with the persons working in the enterprise when at least one quarter of
them submits a request to this effect together with a statement of their
reasons for making the request.
- 2. At the meetings mentioned in paragraph 1, any matters concerning
the enterprise that the entrepreneur and the persons working in the enterprise
deem it desirable to discuss may be raised. Any person working in the
enterprise may make proposals concerning such matters and to express a
point of view on them.
- 3. If the entrepreneur does not manage the enterprise himself, consultation
meetings shall be conducted for him by the director of the enterprise.
If the entrepreneur or the director are unable to attend, they may arrange
for a person working in the enterprise who is authorised to conduct consultation
meetings with employees on behalf of the entrepreneur to deputise for
them.
- 4. The general operation of the enterprise shall be discussed at least
once a year at the meetings mentioned in paragraph 1. To this end, the
entrepreneur shall provide, orally or in writing, general information
about the activities and the financial results of the enterprise in the
preceding year and about his expectations regarding the same for the coming
year. Insofar as the entrepreneur is obliged to make his annual accounts
and annual report available for public inspection, copies of these annual
documents in Dutch shall be submitted for discussion to the persons working
in the enterprise. The entrepreneur shall also provide, orally or in writing,
general information about the social policy that he has pursued and intends
to pursue with regard to the persons working in the enterprise.
- 5. The entrepreneur shall give the persons working in the enterprise
an opportunity, in a meeting as mentioned in paragraph 1, to render advice
about any proposed decision on the part of the entrepreneur that may lead
to a loss of jobs or to major changes in the terms of employment or working
conditions of at least one quarter of the persons working in the enterprise.
This advice shall be sought at a time when it can still significantly
affect the decision to be taken. The obligation mentioned in the first
sentence shall not apply if and insofar as the substance of the matter
has already been regulated for the enterprise in a collective labour agreement
or in an arrangement relating to terms of employment laid down by a body
under public law.
- 6. The obligations mentioned in the preceding paragraphs shall not apply
to persons who have been working in the enterprise for less than six months.
The said obligations shall not apply if the entrepreneur has established
a Works Council in accordance with Article 5a, but shall reapply when
the said Works Council automatically ceases to exist pursuant to Article
5a, paragraph 1, or is dissolved pursuant to Article 5a, paragraph 2.
Article 35c Employee Representing Body in medium-sized
enterprises
- 1. In the event of an enterprise in which normally at least 10 and less
than 50 persons are working and for which no Works Council has been established,
the entrepreneur may set up an employee representative body [personeelsvertegenwoordiging]
consisting of at least three members who are elected directly by secret
written ballot by and from the persons working in the said enterprise.
- 2. At the request of the majority of the persons working in the enterprise,
the entrepreneur shall set up an employee representative body as mentioned
in paragraph 1.
- 3. If paragraph 1 has been implemented, Article 5a, paragraph 2, third
and fourth sentences, shall apply accordingly. The following articles
shall also apply accordingly: 7, 13, 17, 18, paragraphs 1 and 2, Article
21, 22, paragraphs 1 and 3 and (insofar as legal costs are concerned)
paragraph 2, Article 22a, 27, paragraph 1 (b) (insofar as an arrangement
on working hours is concerned), paragraph 1 (d), and paragraph 3, 4, 5
and 6, Article 31, paragraph 1, Article 32, 35b, paragraph 4 and 5 (with
the exception of the working conditions mentioned in the latter paragraph)
and Article 36.
- 4. The entrepreneur shall submit in writing to the employee representative
body any proposed decision as mentioned in Article 27 paragraph 1 (b)
(insofar as an arrangement relating to working hours is concerned) and
(d). The entrepreneur shall include a summary of the grounds upon which
his decision is based and the consequences it may be expected to have
for the persons working in the enterprise. The employee representative
body shall not take a definitive standpoint on the proposal until it has
been discussed with the entrepreneur at least once at a consultation meeting.
As soon as possible after the said consultation meeting, the employee
representative body shall notify the entrepreneur in writing of its standpoint,
stating the grounds upon which the standpoint is based. As soon as possible
after the employee representative body has made its standpoint known,
the entrepreneur shall inform the representative body of the decision
he has taken and the date upon which this decision will take effect.
- 5. The employee representative body may, with the permission of the
entrepreneur, institute committees or invite experts. With regard to the
invitation of experts, if the expert receives no remuneration or if any
costs incurred are paid by the employee representative body from the sum
mentioned in Article 22, paragraph 3, the entrepreneur’s permission
shall not be required. In the event that the entrepreneur gives permission
for an expert to be consulted, any costs thereby incurred shall be borne
by the entrepreneur.
- 6. Information and data submitted to the employee representative body
that in accordance with Article 31, paragraph 1, should be provided in
writing may also be provided by the entrepreneur orally.
Article 35d Employee Representing Body in small-sized
enterprises
- 1. In the event of an enterprise in which normally less than 10 persons
are working and for which no Works Council has been established, the entrepreneur
may set up an employee representative body as mentioned in Article 35c,
paragraph 1.
- 2. The following Articles shall apply accordingly: Article 5a, paragraph
2, third and fourth sentences, Article 7, 13, 17, 18, paragraphs 1 and
2, Article 21, 22, paragraph 1 and 3, and (insofar as legal costs are
concerned) paragraph 2, Article 22a, 27, paragraph 1 (b) (insofar as an
arrangement relating to working hours is concerned) and (d), paragraph
3, 4, 5 and 6, Article 31, paragraph 1, Article 32 and 36.
- 3. Article 35c, paragraph 4, shall apply accordingly; and Article 35c,
paragraphs 5 and 6, shall apply.
Chapter VI General rules for settling disputes
Article 36 Requests to be made to the Subdistrict
Court in order to settle disputes
- 1. Any party with a legitimate interest may request the Subdistrict
Court to rule that the entrepreneur or the Works Council must comply with
all requirements stipulated in or pursuant to this Act relating to the
establishment and maintenance of a Works Council, the drawing up of provisional
or definitive Rules of Procedure for the Works Council, the nomination
of candidates for and election of members to the Works Council, and also
relating to the publishing of the agendas and minutes of its meetings,
insofar as the entrepreneur or the Works Council are responsible for such
matters.
- 2. The Works Council and the entrepreneur may petition the Subdistrict
Court to rule that the entrepreneur or the Works Council must comply with
the requirements stipulated in or pursuant to this Act, insofar as the
entrepreneur or the Works Council are responsible for such matters.
- 3. A petition to the Subdistrict Court pursuant to this Act shall be
admissible only if the petitioner has first submitted a written request
for mediation to the Joint Sectoral Committee. The Joint Sectoral Committee
shall invite the other party to state its views regarding the said petition.
The Joint Sectoral Committee shall attempt to bring about an amicable
settlement between the parties. If no such amicable settlement can be
reached, the Joint Sectoral Committee, within two months of its mediation
having been requested, shall submit to each party a written report of
its findings containing recommendations for settling the dispute. With
the consent of both parties, the Joint Sectoral Committee may extend the
said period allowed for issuing its report by a maximum of two months.
- 4. The written petition to the Subdistrict Court shall be submitted
no later than 30 days after the Joint Sectoral Committee has submitted
the report of its findings to the parties, and in any event no later than
30 days after the period mentioned in paragraph 3 has expired. The Joint
Sectoral Committee’s report of its findings and its recommendations
shall be submitted together with the petition.
- 5. A petition to the Subdistrict Court to order compliance with Article
25, in relation to a decision as mentioned therein, shall be declared
inadmissible if it transpires that the Works Council, either before or
after submitting such a petition, has submitted an appeal against the
said decision to the Enterprise Section at the Amsterdam Court of Appeal.
- 6. A petition to the Subdistrict Court on the basis of Article 27, paragraphs
4 and 6, shall be inadmissible if a requirement as mentioned in the Working
Conditions Act 1998 [Arbeidsomstandighedenwet] has been made in respect
of the same matter.
- 7. In his ruling, the Subdistrict Court may order the entrepreneur or
the Works Council to perform or refrain from performing certain actions.
The entrepreneur is forbidden not to abide by any such order. If the Works
Council fails to abide by any such order, the Subdistrict Court may dissolve
the Works Council, imposing upon it the obligation to arrange for a new
Works Council to be elected. If the Works Council remains in default,
the Subdistrict Court may authorise the entrepreneur to arrange for a
new Works Council to be elected.
- 8. The previous paragraphs shall apply accordingly to compliance with
the requirements in or pursuant to this Act in respect of Central Works
Councils or Group
Works Councils.
Article 36a Rights of individual employees and trade
unions
Any person working in the enterprise, with the exception of persons as
mentioned in Article 35b, paragraph 6, and any employees’ organisation
whose membership includes at least one person working in the enterprise
and whose object according to its Articles of Association is to protect
the interests of its members as employees and which operates as such in
the relevant enterprise or industrial sector, and which moreover has had
full legal capacity for at least two years may request the Subdistrict
Court to rule that the entrepreneur must comply with the provisions of
Article 35b.
Chapter VII Joint Sectoral Committees
Article 37 Social Economic Council sets up Joint Sectoral
Committees
- 1. For groups of enterprises, the Social Economic Council (SER) shall
set up committees, called Joint Sectoral Committees, to deal with matters
relating to the Works Councils, the Central Works Councils and the Group
Works Councils of these enterprises, the employee representative body
and the meeting as mentioned in Article 35b.
- 2. A Joint Sectoral Committee shall have an even number of members,
but no less than six, to be determined by the Council (SER) after consultation
with the organisations of entrepreneurs and employees as mentioned in
Article 38, and an equal number of deputy members.
Article 38 Appointment of the members of a Joint Sectoral
Committee
- 1. One half of the members and the deputy members of Joint Sectoral
Committees shall be appointed by the representative organisation or organisations
of entrepreneurs designated by the Council (SER). The other half shall
be appointed by the representative organisation or organisations of employees
designated by the Council (SER).
- 2. The Council (SER) shall determine the number of members and deputy
members that each designated organisation may appoint.
Article 39 Social Economic Council sets rules for
the composition, working procedure and chairmanship
- 1. The Council (SER) shall decree additional rules governing the composition
of the Joint Sectoral Committees and their work procedures. These rules
shall empower such Committees to establish subcommittees, either from
their number or otherwise. A Joint Sectoral Committee may empower its
subcommittees so established to exercise the powers of the Joint Sectoral
Committee.
- 2. In addition, the Council (SER) shall lay down rules governing the
chairmanship of the Joint Sectoral Committees. These rules shall empower
any Joint Sectoral Committee to elect a chairman, with or without voting
rights, from outside their number.
Article 40 Annual report
- 1. Each Joint Sectoral Committee shall submit an annual report to Our
Minister and to the Council (SER) of its activities during the preceding
calendar year.
- 2. Our Minister may lay down rules with regard to the compilation of
the report.
Article 41 Expenses
- 1. The costs of a Joint Sectoral Committee shall, insofar as no other
provision has been made, be borne by the organisations of entrepreneurs
and employees mentioned in Article 38 in proportion to the number of members
appointed by each.
- 2. If an organisation fails to pay its contribution towards the costs
of the Joint Sectoral Committee within the period set by the Joint Sectoral
Committee, the Council (SER) may, without prejudice to the organisation’s
liability for its share of the costs already incurred, withdraw the designation
of the organisation. In consequence of this withdrawal of designation,
the membership of the members and deputy members of the Joint Sectoral
Committee who have been appointed by the organisation in default shall
lapse, starting from the time at which notification of the Council (SER)’s
resolution reaches the Joint Sectoral Committee.
Article 42 Obligation of confidentiality
Article 20, paragraphs 1 and 6, shall apply accordingly to the chairman,
members and deputy members of the Joint Sectoral Committees and also to
those persons responsible for operating the secretariat of the Joint Sectoral
Committee.
Article 43 Trade organization nominated by the Social
Economic Council als Joint Sectoral Committee
If, in the event of a group of enterprises, a central industrial board
[hoofdbedrijfschap] or an industrial board as mentioned in the Organisation
of Business and Industry Act [Wet op de Bedrijfsorganisatie, Staatsblad
1950, K 22] exists, the Council (SER) may designate the management of
the before mentioned central industrial board or industrial board as a
Joint Sectoral Committee in the sense of the present Act. In such a case,
Articles 37, 38 and 41 shall not apply, nor shall the provisions of or
pursuant to Article 39 apply insofar as they relate to the composition
and chairmanship of Joint Sectoral Committees.
Article 46 Social Economic Council decides which Joint
Sectioral Committee is competent
- 1. If more than one Joint Sectoral Committee is authorised to deal with
matters relating to a given Works Council, Central Works Council, Group
Works Council, employee representative body or meeting as mentioned in
Article 35b, the Council (SER) shall designate one of the said Joint Sectoral
Committees to act as the committee authorised under the terms of this
Act to deal with the said matters.
- 2. If an entrepreneur or a group of associated entrepreneurs runs two
or more enterprises with respect to which more than one Joint Sectoral
Committee is authorised, the Council (SER) may set up for the said enterprises
a separate Joint Sectoral Committee or may designate one of the said Joint
Sectoral Committees committee to act as the committee authorised under
the terms of this Act to deal with matters relating to the Works Councils,
employee representative bodies and meetings of the said enterprises as
mentioned in Article 35b.
Chapter VII-A Levies to promote the
training and development of Works Council members
Article 46a Levy imposed by the Social Economic Council
- 1. The Council (SER) may, for the purposes of promoting the training
and development of Works Council members, impose by decree a levy on entrepreneurs
who are obliged under the terms of or by virtue of this Act to establish
a Works Council. Any such decree on the part of the Council (SER) shall
require the approval of Our Minister.
- 2. Any levy as mentioned in paragraph 1 shall be fixed at a percentage
of the wages paid by the said entrepreneurs on the basis of which, pursuant
to Article 9 of the Social Security Coordination Act [Coördinatiewet
Sociale Verzekeringen], the social security contributions payable by the
said entrepreneurs are levied under the terms of the Disablement Benefits
Act [Wet op de arbeidsongeschiktheidsverzekering] or the Unemployment
Act [Werkloosheidswet], or would be levied if such contributions were
to be levied on the said entrepreneurs under the terms of those Acts.
Article 9, paragraphs 3 and 4, of the Social Security Coordination Act
shall not apply.
- 3. If and insofar as the entrepreneurs in question are employers in
the sense of the Sickness Benefits Act [Ziektewet], any such levy shall
be collected by the Employed Persons Insurance Administration Agency [Uitvoeringsinstituut
Werknemersverzekeringen] (as mentioned in Chapter 5 of the Structure of
Administration Agencies (Employment and Income) Act [Wet structuur uitvoeringsorganisatie
werk en inkomen]).
- 4. The Joint Sectoral Committees shall upon request submit to the relevant
Employed Persons Insurance Administration Agency (as mentioned in Chapter
5 of the Structure of Administration Agencies (Employment and Income)
Act) a list of entrepreneurs who, to the best of their knowledge, are
under an obligation to establish a Works Council. The Joint Sectoral Committees
shall upon request also express their view in writing to the Employed
Persons Insurance Administration Agency (as mentioned in Chapter 5 of
the Structure of Administration Agencies (Employment and Income) Act)
or to an entrepreneur as to whether the said obligation is incumbent upon
the said entrepreneur.
- 5. Articles 11 to 16h of the Social Security Coordination Act shall
apply accordingly to the collection of the levy by the Employed Persons
Insurance Administration Agency (as mentioned in Chapter 5 of the Structure
of Administration Agencies (Employment and Income) Act). In the event
of an appeal against a levy, the levy shall be deemed to have been imposed
by the Council (SER).
- 6. The Council (SER) shall specify in a decree as mentioned in paragraph
1 the manner in
which the Employed Persons Insurance Administration Agency (as mentioned
in Chapter 5
of the Structure of Administration Agencies (Employment and Income) Act)
is to transfer
the levy to the Council (SER).
- 7. No decree as mentioned in paragraph 1 shall be drawn up until the
Employed Persons Insurance Administration Agency (as mentioned in Chapter
5 of the Structure of Administration Agencies (Employment and Income)
Act) has been consulted.
- 8. In so far as it relates to enterprises in which work is performed
solely (or more or less solely) on the grounds of public-law appointment,
any decree as mentioned in the first paragraph shall be established only
following consultation with the employers or employers’ organisations
and the public sector employees’ unions, united in the Council for
Public Sector Personnel Policy [Raad voor het Overheidspersoneelsbeleid].
Article 46b Requirements for receiving subsidies
- 1. The Council (SER) may grant subsidies from the proceeds of the levies
mentioned in Article 46a to legal bodies whose object is to guide and
support the activities of other legal bodies in training and developing
members of Works Councils. The Council (SER) may by decree lay down rules
for granting these subsidies and specify maximums for these subsidies.
- 2. The following conditions shall attach to the grant of any subsidy:
a. the legal body in question shall draw up an annual budget and an account
of the income and expenditure incurred in carrying out the work mentioned
in paragraph 1 and shall submit them to the Council (SER) for approval;
b. the account mentioned under (a) shall be subject to checks made by
or on behalf of the Council (SER);
c. the legal body in question shall ensure that the training and development
activities for the benefit of Works Council members for which subsidy
is granted shall qualitatively meet at least the standards applicable
to state subsidies for training and development, and that the said activities
shall also fit in with the general structure for adult education in the
Netherlands as specified by central government.
Article 46c Budget and rendering account
- 1. The Council (SER) shall show the income and expenditure it estimates
for the training and development of Works Council members as a separate
item in its annual budget.
- 2. The expenditure in question and the funds to cover the said expenditure
shall be shown separately on the annual statement of income and expenditure
of the Council (SER).
Chapter VII-B Special provisions for
Works Councils in the Public Sector
Article 46d Special provisions
In the case of an enterprise in which work is carried out exclusively
or almost exclusively on the basis of a public-law employment contract,
the following special provisions shall apply:
a. For the purposes of this Act, the term ‘director’
shall not include the following:
1°. In the case of a ministry: The Minister or a State Secretary [staatssecretaris];
2°. In the case of a province: The Queen’s Commissioner, a member
of the Provincial Executive or a Provincial Councillor;
3°. In the case of a municipality: The Mayor, a member of the Municipal
Executive or a Municipal Councillor;
4°. In the case of a water board: The Chairman, a member of the Executive
Committee or a member of the Board of Management;
5°. In the case of either house of the Dutch parliament: The Speaker
or a Member of Parliament;
6°. In the case of the Council of State: The Vice-President or a State
Councillor;
7°. In the case of the Netherlands Court of Audit: The President or
a member of the Court of Audit;
8°. In the case of the office of the National Ombudsman: The National
Ombudsman or a Deputy Ombudsman.
b. In applying Article 23, paragraph 2, ‘matters
relating to the enterprise’ shall not include the establishment
of tasks of public bodies or parts thereof by public law, nor policy relating
to or the implementation of the said tasks, except insofar as the same
have consequences for the activities of the employees.
c. In any application of (b) in the district
courts, courts of appeal, the Central Appeals Tribunal [Centrale Raad
van Beroep] and the Trade and Industry Appeals Tribunal [College van Beroep
voor het bedrijfsleven], ‘matters relating to the enterprise’
shall not include policy with respect to the implementation of the judicial
duties mentioned in Article 23, paragraphs 2 and 3, of the Judiciary (Organisation)
Act [Wet op de rechterlijke organisatie] except to the extent that they
relate to consequences thereof for the activities of the persons working
in the enterprise.
d. The powers vested by this Act in the Council
(SER) as mentioned in Articles 5, 8 paragraphs 2 and 3, Articles 37, 38,
39 and 41, paragraph 2, shall be exercised by the Minister of Internal
Affairs.
e. In applying Article 38, paragraph 1, one
or more Ministers may be designated in addition to a representative organisation
or employers’ organisations.
f. Apart from the power mentioned in Article
46a, the powers of the Council (SER) to issue decrees, shall not extend
to enterprises in which work is carried out exclusively or almost exclusively
on the basis of a public-law employment contract.
g. If, pursuant to (d), the Minister of Internal
Affairs has set up a Joint Sectoral Committee, this Committee shall, without
prejudice to the provisions of Article 40, paragraph 1, submit an annual
report to the Minister of Internal Affairs. The Minister of Internal Affairs
shall submit the said report to the relevant employers or employers’
organisations and those central organisations for public-sector personnel
that fall within the Council for Public Sector Personnel Policy.
h. Petitions as mentioned in Articles 27 and
36 pertaining to a court of law may be heard and ruled upon by the Subdistrict
Court working at the court within the same jurisdiction which is mentioned
first in the Judiciary (Territorial Division) Act [Wet op de rechterlijke
indeling]. If the court to which the petition pertains is itself “the
court within the same jurisdiction which is mentioned first in the Judiciary
(Territorial Division) Act [Wet op de rechterlijke indeling]”, the
petitions may be heard and ruled upon by the Subdistrict Court working
at the district court within the same jurisdiction which is mentioned
second in the Judiciary (Territorial Division) Act [Wet op de rechterlijke
indeling].
i. Any appeal as mentioned in Article 26, paragraph
1, pertaining to the Court of Appeal at Amsterdam, shall be submitted
to the Court of Appeal at The Hague.
Article 46e Involvement of employer’s associations
and trade unions
- 1. The powers granted to the Minister of Internal Affairs mentioned
in Article 46d shall be exercised only after consultation with the relevant
employers or employers’ organisations and the central organisations
for public-sector personnel that fall within the Council for Public-Sector
Personnel Policy [Raad voor het Overheidspersoneelsbeleid].
- 2. In consultations as mentioned in 1, central organisations for public-sector
personnel policy shall command the same number of votes as the relevant
employers or employers’ organisations.
- 3. A decision by the Minister of Internal Affairs on matters as mentioned
in Article 8, paragraphs 2 and 3 and Article 39 of this Act shall require
the endorsement of twothirds of the participants in a meeting as mentioned
in paragraph 1. A decision by the Minister of Internal Affairs on matters
as mentioned in Articles 5, 37, 38 and 41, paragraph 2, shall require
the endorsement of a majority of the participants in a meeting as mentioned
in paragraph 1.
Chapter VIII Transitional and final
provisions
Article 47 Additional provisions by or pursuant to
Order in Council
Further rules may be set by or pursuant to an Order in Council in the
interests of the proper implementation of the present Act.
Article 48 Provisional Rules of Procedure
- 1. Any entrepreneur who is under an obligation to establish a Works
Council shall, insofar as necessary, establish by provisional Rules of
Procedure provisions that properly fall under the powers of the Works
Council until such time as the Works Council exercises these powers itself.
The views of the employees’ organisation or organisations as mentioned
in Article 9, paragraph 2(a), shall be sought with regard to the said
provisional Rules of Procedure.
- 2. Article 8, paragraph 1, first and second sentences, and paragraph
2 shall apply accordingly to the said provisional Rules of Procedure.
The entrepreneur shall without delay send a copy of the provisional Rules
of Procedure to the Joint Sectoral Committee. The provisional Rules of
Procedure shall cease to be effective from the moment the Works Council
has established Rules of Procedure as mentioned in Article 8.
- 3. The preceding paragraphs shall apply accordingly to any entrepreneur
or entrepreneurs who has or have established a Central Works Council or
a Group Works Council.
Article 49 Providing information and annual report
- 1. Any entrepreneur who is under an obligation to establish one or more
Works Councils and the said Works Council or Works Councils shall, upon
request, supply information about the establishment and functioning of
the said Works Council or Works Councils to one of Our Minister’s
officials, designated by him.
- 2. The said Works Councils shall submit their annual reports to the
relevant Joint Sectoral Committee.
- 3. The preceding paragraphs shall apply accordingly to any entrepreneur
or entrepreneurs who has or who have established a Central Works Council
or a Group Works Council, and to the said Central Works Council or Group
Works Council.
Article 51 Existing Joint Sectoral Committees
Any Joint Sectoral Committees set up by the Council (SER) by virtue of
the Works Councils Act 1950 [Wet op de ondernemingsraden, Staatsblad,
1950, K 174] shall be deemed to have been set up by the Council (SER)
by virtue of the present Act.
Article 53 Institutions and organisations excluded
from the scope of the Works Councils Act
- 1. This Act shall not apply to the following institutions: teaching
hospitals, the Royal Netherlands Academy of Arts and Sciences, and the
Royal Library, nor to the Netherlands Organisation for Scientific Research.
The law provides rules regarding a decision of the Board of a funded institution
as meant in Article 1.2, point (a), of the Higher Education and Research
Act as to whether the present Act, with the exception of Chapter VII B,
shall apply to the said institution or not.
- 2. Upon the recommendation of the Minister of Education, Culture and
Science, it may be decreed by Order in Council that the exception mentioned
in paragraph 1, first sentence, shall not apply to one or more of the
institutions listed. It may additionally be decreed that Chapter VII B
of the present Act shall not apply.
- 3. Chapter VII B does not apply to public institutions as meant in the
Education and Vocational Education Act.
- 4. (Contains amendments to other legislation)
Article 53a Ministry of Defence excluded from the
scope of the Works Councils Act
The present Act shall not apply to the Ministry of Defence and any departments,
enterprises or institutions that fall under it.
Article 53b Civil servants excluded from the scope
of the Works Councils Act
The present Act shall not apply to judicial officers of the Supreme Court.
Article 53c Specific staff members excluded from the
scope of the Works Councils Act
The present Act shall not apply to:
a. Members of the Council of State;
b. Members of the Netherlands Court of Audit;
c. The National Ombudsman and his deputies.
Article 54 Citation of the present Act
- 1. The present Act may be cited as the Works Councils Act [Wet op de
Ondernemingsraden].
- 2. The present Act shall come into force on a date to be determined by
Us (1 April 1971).