Most organisations are required to form an indirect or external employee participation. Employee participation concerns the method of involvement of employees in the organisation's affairs. The form is determined by the size of the organisation and the Wet op de ondernemingsraden (WOR) [Joint Consultative Committee Law]. Thinking about the appropriate form of employee participation in your organisation beforehand avoids unnecessary problems. Conflicts in the area of employee participation can be intense. At worst, they disrupt your business or organisation.
We advise and assist both representative bodies and directors that have to deal with employee participation. Think of coaching advice or consent processes, developing employee participation structures, drafting and assessing social plans and disputes in the area of employee participation.
Among other things, we can provide advice and guidance with:
- setting up a Joint Consultative Committee;
- submitting a request for approval to the Joint Consultative Committee;
- parts whereby you must ask advice from the Joint Consultative Committee;
- choices that must be made if the Joint Consultative Committee has given negative advice or refused to consent;
- conflicts in the area of employee participation.
Examples of recent questions sent to our lawyers in the area of employee participation:
- The Joint Consultative Committee refused to accept our plan. Is it wise to start proceedings before the district court?
- Do we need to ask consent from the Joint Consultative Committee for making a change in the employees’ working conditions?
- We have a workforce of over 50 employees. Are we obligated to establish a Joint Consultative Committee?
- The Joint Consultative Committee has given negative advice on a plan to reorganise. Can we still reorganise?
- How do I impose the Joint Consultative Committee’s confidentiality for certain cases? What about the dismissal protection of members of the Joint Consultative Committee?