Archive category: Works Council

Obstructive Works Council member; red card?

Pursuant to the Dutch Works Councils Act (Wet op de ondernemingsraden, “DWCA”), the sub-district court can exclude a Works Council (“WC”) member from all or several of the Works Council’s activities. Either the company or the Works Council itself can submit a request for this. The company may only...

Reminder: pensionable age rising to 68

Effective 1 January 2018, the standard pension target age for tax purposes (the pensionable age in the pension scheme) will rise from 67 to 68 years. The reason for this is the rising life expectancy. As 1 January 2018 nears, we have produced a summary (below) of the most...

Dutch Supreme Court: works council’s consultation rights apply in case of relaunch following bankruptcy

On 26 May 2016, the Enterprise Division of the Amsterdam Court of Appeal (OK) ruled that the liquidator in the bankruptcy of the DA Retailgroep drugstore chain (DA) was not required to consult with the works council concerning the relaunch of the business following its bankruptcy. But on Friday,...

Broader powers for Works Council: right of consent under Arbowet in 2017?

Last week we addressed the broadening of the Works Council’s right of consent in the field of pensions. That’s not the end of the matter as far as the Lower House of the Dutch Parliament is concerned. It recently adopted a proposed amendment to the Arbowet (Working Conditions Act)...