Works council in The Netherlands
According to the Dutch Works Councils Act (WCA), every entrepreneur with 50 or more employees is obliged to set up a works council. Under the WCA, the works council has a right to give advice in relation to any intended decision that involves (among others) important changes in the organisation of the employer. Once the works council’s advice is acquired, the employer takes a final decision about the reorganisation. If the decision deviates from the works council’s advice, this deviation has to be motivated.
Filing an appeal
Moreover, in case of such deviation, the employer must suspend the execution of its decision for one month. During this month, the works council may file an appeal against the decision with the Enterprise Chamber of the Court of Appeal in Amsterdam or commence interlocutory proceedings.
Dutch labour law firm AMS
Law firm AMS is based in Amsterdam, The Netherlands. Our attorneys have gained a broad experience in advising and litigating for (international) companies and individuals. The lawyers are highly involved with their client’s interests and offer a sharp and transparent fee structure. Should you require more information on employment law, or should you have any question with respect to litigation in The Netherlands, please feel free to contact our employment lawyer.