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Dutch Works Council Act (Right Of Consent)

Dutch Works Council Act (Article 27 paragraph 1) (Right Of Consent)

Pursuant to Article 27 paragraph 1 of the Dutch Works Council Act the employer is obliged to request the prior consent of its works council for decisions regarding the establishment, modification or withdrawal of regulations concerning (among others) pension insurance, profit sharing, working hours, job classification and remuneration. If the works council refuses to give its consent, the employer can ask the Cantonal Court to give consent.

The Cantonal Court will only give consent if the decision of the works council is unreasonable or if the intended decision of the entrepreneur is necessary because of compelling business interests. The request for consent must be in writing and must include a summary of the reasons for the intended decision and the expected consequences for the employees (if any).

The works council cannot give consent until the matter has been discussed in at least one consultation meeting. After the consultation meeting, the works council must inform the employer as soon as possible about the decision, written and reasoned. After the decision of the works council, the employer has to inform the works council as soon as possible about the decision that has been taken by the employer and on which date the decision will be implemented. The consent is not required if the matter is included in a Collective Labour Agreement or a regulation of employment conditions established by a public body.

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