In the Netherlands, a company with at least 50 employees is required to establish a works council (OR). It does not matter whether the number of employees consists of part-timers or full-timers, all employees count.
Through a works council, employees can achieve a lot, as an OR can exert significant influence on the company's policy. I often see that in companies where an OR is active, good and favourable arrangements for the staff have been made. Think, for example, of a travel allowance, a bonus for good performance, or a higher year-end bonus than agreed in the CLA.
Because the OR is in direct contact with the management on behalf of the employees, influence can be exerted very effectively. The powers of the OR are laid down in law.
Influence of the OR: regulated by law
The law stipulates that the OR has many powers for this:
- The OR has the right to information. The employer is obliged to provide certain information unsolicited, such as the annual accounts, the social annual report, and plans for the future. Moreover, the employer must provide all the information an OR needs to perform its duties properly.
- The OR has the right to advise on financial-economic and business organisational decisions, such as reorganisations, mergers, company closures, major investments, and relocations.
- The OR has the right of consent on decisions in the field of social policy if they are not laid down in a CLA. This means that the employer cannot implement certain decisions if the OR does not agree. For example, if the management wants to change working hours, the OR has the right to a consent request.
- The OR has the right to make proposals itself, the so-called right of initiative.
No CLA? What can you do as an OR?
Because the hospitality sector is currently without a CLA, employees are freer than ever to negotiate employment conditions and make good arrangements at the company level. What are the possibilities in this CLA-less time?
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