Employee Advisory Rights of the Works Council in The Hague
The **advisory rights of the works council** form a critical component of Dutch labor law, empowering the works council (OR) to provide advice on significant decisions made by employers in The Hague. This mechanism enables employees in Hague-based companies to influence—through their OR—matters affecting their working conditions and employment terms, such as restructuring or mergers. This article explores the details of these advisory rights, their application, and their functioning, with a focus on the local context in The Hague.
What Do the Advisory Rights of the Works Council Entail?
The works council (OR) is an elected body of employees in companies with at least 50 staff members, serving as a co-determination authority. The advisory rights, governed by the **Works Councils Act (WOR)**, grant the OR the right to provide a substantiated opinion on certain planned employer decisions. Unlike the consent right, where the employer requires the OR’s approval, the employer is not legally bound to follow the OR’s advice under the advisory right. However, they must carefully consider it and demonstrate a compelling overriding interest to reject it.
These rights apply to strategic and organizational changes within the company, aiming to protect employees’ interests and prevent decisions from being made without their input. For Hague-based employees, this is particularly valuable during transitional periods, such as reorganizations. This article complements our earlier overview of Dismissal During Reorganization – Your Rights in The Hague, which highlights the OR’s role in termination cases, often in collaboration with local bodies like the **Legal Desk The Hague (Juridisch Loket Den Haag)**.
Legal Basis of Advisory Rights
The legal foundation of advisory rights is established in the **Works Councils Act (WOR)**, particularly Article 25, which outlines the topics requiring timely employer notification and OR consultation. Key examples include:
- The transfer of a business or an independent part thereof.
- The classification of activities as a standalone entity.
- The sale of shares or bonds.
- The formation of a joint venture.
- A merger with another company.
- The establishment or liquidation of a business.
During reorganizations—often leading to redundancies—the advisory rights are complemented by broader co-determination provisions under Article 26 WOR. For instance, when drafting a restructuring plan with dismissal consequences, the employer must notify the OR at least one month in advance and allow time for consultation. If the OR’s advice is not provided in time, the employer may proceed, but the OR may challenge the decision before the **District Court of The Hague**. For personalized advice in The Hague, we recommend contacting the **Legal Desk The Hague (Juridisch Loket Den Haag)**.
The advisory rights are also shaped by EU law, specifically Directive 2002/14/EC on employee information and consultation, reinforcing robust co-determination practices in the Netherlands, including in the The Hague region.
When Do Advisory Rights Apply?
Advisory rights are limited to the categories listed in Article 25 WOR and commonly arise in:
- Restructuring: When a Hague-based organization seeks to reduce costs by closing or relocating departments, the employer must consult the OR on the proposed plan.
- Mergers and Acquisitions: In a merger with a local competitor, the OR must assess the impact on jobs and employment conditions in The Hague.
- Strategic Decisions: Outsourcing tasks or taking on significant loans may also trigger an advisory obligation.
Not all changes fall under these rights; routine decisions, such as minor adjustments to staffing, do not. For comparison, we outline the difference between advisory and consent rights:
| Aspect | Advisory Rights (Art. 25 WOR) | Consent Rights (Art. 27 WOR) |
|---|---|---|
| Application | Strategic decisions, such as mergers or restructurings | Direct employment terms, e.g., schedules or salaries |
| Employer Obligation | Must carefully evaluate; overriding interest required to reject | Explicit approval required |
| Consequences of Non-Compliance | OR may appeal to the District Court of The Hague; possible suspension | Decision may be voided |
This distinction is crucial for OR members and employees in Hague-based companies facing changes.
The Advisory Rights Procedure
The employer must notify the OR in writing and with sufficient advance notice—ideally four weeks before implementation. The OR can request additional information, hold consultations, and submit a reasoned opinion, balancing both business and employee interests.
If the employer disregards the advice, they must justify it in writing by demonstrating a compelling overriding interest. The OR then has one month to request the **District Court of The Hague** to suspend or invalidate the decision. In practice, this often leads to negotiations, where the OR may negotiate improvements, such as a locally tailored social plan in consultation with the **Municipality of The Hague**.
Practical Examples of Advisory Rights in The Hague
Consider a mid-sized manufacturing company in The Hague planning a reorganization due to declining revenue. The employer intends to lay off 20% of staff and outsource production. Under Article 25 WOR, they must inform the OR about the plan, including financial details and employment impacts. The OR may propose alternatives, such as a reduced workweek to avoid layoffs. If the employer proceeds without demonstrating a compelling overriding interest, the OR can initiate proceedings before the **District Court of The Hague**, potentially leading to adjustments or compensation for affected employees.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.