Employee participation

Works councils can face complex challenges. Consider, for example, reorganisations, large investments, or mergers and acquisitions. But also issues about, for example, working conditions will need to be approved by the works council. Communication between the board and the works council is essential here. Our Employment Law team has years of experience and assists both works councils and boards, entrepreneurs and businesses. This experience from both perspectives ensures that we take all interests into consideration and are excellent mediators in conflict situations.

As a full-service firm, we have all the knowledge necessary for the complex issues a works council or business owner may face. Where necessary, we work closely with the other areas of law and sector teams at our firm. You can come to us with all your issues: from quick practical questions to major works council projects concerning a reorganisation or a company takeover. In doing so, we look not only at the law and the latest jurisdiction, but of course also at the strategy and cooperation between works council and management. Does a dispute arise? We have extensive experience in legal proceedings between the company and works council and will assist you if necessary.

This is how we can help

The Employment Law team advises various large companies or their works councils on matters such as the design of the employee participation structure, restructuring and reorganisations and the role of the works council therein, and cooperation with the works council in the context of the company's plans for the future. We also provide ongoing advice to companies and works councils on all kinds of (possible) subjects requiring their consent and advice, such as changes to pension plans, the installation of security cameras and changes to fringe benefits. Because of our broad employment law expertise, we can also delve deeply into the content of, for example, a social plan or a regulation in a personnel handbook. We also have experience in conducting proceedings at the Enterprise Section of the Amsterdam Court of Appeal (in Dutch: Ondernemingskamer) and the subdistrict court judge (in Dutch: kantonrechter) on behalf of or against a works council.

Some of our recent experiences include:

• Advising the management of a company in the chemical industry on an advisory process regarding a company closure and collective redundancy;
• Advising the management of a container terminal in a lengthy process with the works council on the sale of the company;
• Advice on the establishment of a works council for a company in the business services sector;
• Advising the works council of a manufacturing company in an advisory process regarding the partial closure of the company;
• Advising the works council of a maintenance company in the aviation industry in an advisory process regarding restructuring;
• Advising a large group of companies on the design of their employee participation structure with local works councils, a group works council and a central works council;
• Advising the works council of a company that provides listening and viewing research services in several advisory processes, including a reorganization and a change in the office layout;
• Advising a corporate group on an advisory process regarding a restructuring of the group, and on the new set-up of employee participation after this restructuring;
• Conducting proceedings at the Enterprise Chamber for a large international group on the right to advice on organizational changes;
• Providing tailor-made workshops on employee participation for stakeholders in a large corporate group;
• Advising the works council of a service company on the advisory process regarding a merger and reorganization.

‘Excellent support in the specific circumstances of closing a business and developing a suitable social plan. Excellent support at the negotiation table and in preparation for the case.’ - Legal 500 EMEA 2023