Participation

What is employee participation and why is it important?

Employers are increasingly required to involve employees in policy-making and significant organisational changes. Employee participation in the Netherlands is regulated by the Works Councils Act (WOR), which specifies when an entrepreneur must establish a works council (OR), staff representation (PvT), or another participation body. Employee participation contributes to a better working climate, increased employee engagement, balanced decision-making, and sustainable business operations.

Employee participation is particularly important during decision-making processes and can raise questions such as:

How do you set up an OR or PvT?
When is advice or consent from the OR required?
Which experts can the OR consult, and what rights do OR members have?
How is the right to information of the OR fulfilled?
What should be done in case of conflicts between the entrepreneur and the OR?

What is our experience with employee participation?

Our specialised employment law solicitors have extensive experience in:

Advising on the establishment of an OR, PvT, or other participation body and preparing and guiding OR elections.
Drafting and reviewing OR regulations and company agreements.
Providing legal support for reorganisations, mergers, acquisitions and business transfers where advice from the OR or PvT is required.
Guiding consent processes.
Mediating and supporting in disputes with the OR on behalf of the entrepreneur or the OR.
Representation in court before the subdistrict court or Enterprise Chamber in cases of employee participation disputes.

When should I instruct a solicitor with expertise in employee participation?

Instructing a solicitor with expertise in participation law is important in the following situations:

If, as an employer, you need advice or consent from the OR regarding proposed decisions.
If, as an OR, you require legal advice from an expert in merger or acquisition processes.
In the event of an (impending) legal procedure concerning participation matters.

How do we work?

Our approach is characterised by tailored solutions and a results-oriented methodology:

Analysis and consultation: We assess your situation and identify the legal issues involved.
Strategic advice: We provide guidance on the best approach in accordance with the WOR and other legislation.
Negotiation and mediation: We facilitate discussions between the company and the OR for constructive collaboration.
Legal representation: If necessary, we represent both the entrepreneur and the OR in proceedings before the subdistrict court or Enterprise Chamber.

Why choose our solicitors with experience in employee participation?

In-depth knowledge of the WOR and participation law.
Extensive experience in guiding participation bodies.
Pragmatic and efficient solutions for both employers and OR/PvT.
Proven success in legal proceedings and negotiations.
Personal and strategic approach focused on sustainable collaboration.

If you require legal support in the area of employee participation, contact our specialists for professional advice!