Employee Advisory Rights of the Works Council in Rijswijk
The advisory rights of the works council form a critical component of Dutch labor law, empowering the works council (OR) to provide input on significant employer decisions in Rijswijk and its surrounding area. This mechanism enables employees—through their OR—to influence matters affecting their jobs and working conditions, such as restructuring or mergers. This article explores the details of these advisory rights, their application, and procedural framework, with a focus on their local relevance in Rijswijk.
What Do the Works Council’s Advisory Rights Entail?
The works council (OR) is an employee representative body composed of elected staff in companies with at least 50 employees. The advisory right, a fundamental provision under the Works Councils Act (WOR), grants the OR the authority to issue a substantiated opinion on planned employer decisions. Unlike the consent right, where the employer requires the OR’s approval, the employer is not legally bound to follow the advisory opinion. However, they must carefully evaluate it and provide a compelling justification for rejection.
This right focuses on strategic and organizational changes within the company, aiming to protect employee interests and prevent decisions made without workforce consultation. For employees in Rijswijk, this is particularly valuable during transitions, such as restructuring. This article complements our earlier overview of Dismissal During Restructuring – Your Rights, which highlights the OR’s role in termination cases, relevant for local businesses in the Hague-Rijswijk region.
Legal Basis of Advisory Rights
The advisory right is grounded in the Works Councils Act (WOR), specifically Article 25, which outlines the issues requiring early consultation and advisory input from the OR. Key examples include:
- Transfer of a business unit or independent division.
- Designation of tasks as a standalone division.
- Sale of shares or bonds.
- Establishment of a joint venture.
- Merger with another company.
- Launching or ceasing a business.
Restructuring measures—often leading to layoffs—fall under broader codetermination rules. Article 26 WOR requires additional consultation when drafting a restructuring plan with dismissal consequences. The employer must inform the OR at least one month in advance and allow time for advisory input. If the OR fails to provide timely advice, the employer may proceed, but non-compliance grants the OR grounds to approach the subdistrict court in Rijswijk.
The advisory right is also shaped by EU law, particularly Directive 2002/14/EC on employee information and consultation, ensuring robust codetermination in the Netherlands, including Rijswijk.
When Do Advisory Rights Apply?
Advisory rights are limited to the categories listed in Article 25 WOR and typically arise in:
- Restructuring: When a Rijswijk-based company plans to close or relocate departments to cut costs, the employer must seek the OR’s advice on the proposal.
- Mergers and Acquisitions: In a merger with a neighboring business, the OR must assess the impact on jobs and terms.
- Strategic Decisions: Outsourcing tasks or taking on substantial loans may also require advisory input.
Not all changes qualify; routine operational adjustments, such as minor staff shifts, do not. For clarity, we contrast advisory rights with consent rights:
| Aspect | Advisory Right (Art. 25 WOR) | Consent Right (Art. 27 WOR) |
|---|---|---|
| Application | Strategic decisions like mergers, restructuring | Direct employment terms, e.g., schedules or salaries |
| Employer Obligation | Serious consideration; overriding reason required for rejection | Explicit approval needed |
| Consequences of Violation | OR may seek court intervention; possible suspension | Decision may be voided |
This distinction is crucial for OR members and Rijswijk employees during transitional periods.
Procedural Steps for Advisory Rights
The employer must inform the OR in writing and well in advance—ideally four weeks before the decision. The OR can then request data, hold discussions, and submit a reasoned opinion, balancing company and employee interests.
If the advice is disregarded, the employer must justify this in writing, citing a compelling reason. Within a month, the OR can escalate the matter to the subdistrict court in Rijswijk for suspension or annulment of the decision. This often leads to negotiations, where the Rijswijk OR may negotiate concessions, such as a local social plan via the Municipality of Rijswijk.
Practical Examples of Advisory Rights in Rijswijk
Consider a mid-sized manufacturing company in Rijswijk planning a restructuring due to declining revenue. The employer intends to lay off 20% of staff and outsource production. Under Article 25 WOR, they must provide the OR with the plan, including financial details and employment impact. The OR may propose alternatives, such as flexible working hours instead of layoffs. Without a compelling reason, the OR can proceed to the Rijswijk District Court, often resulting in delays and better agreements. For personalized advice in Rijswijk, contact Het Juridisch Loket Rijswijk.
Veelgestelde vragen
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