Participation

Increasingly, employers are required to involve employees in decision-making within their organizations. This makes the decision-making process more complex and raises questions. Do you have to ask the works council for advice on every policy decision? When is it an important decision within the meaning of the Works Councils Act (WOR)? What can you do if the works council does not respond in a timely manner to a request for advice or consent? Can you ignore the works council's advice? What are the rights and powers of the works council? When should you establish a group or central works council (COR)? How often should you call elections?

The lawyers of the Labor Law Section assist companies in establishing a co-determination body, such as a works council (OR) or a staff representation (PvT). We are experienced in drafting works council regulations and company agreements. We also advise on the legal obligations to request advice and consent from the works council. Examples include advisory processes for reorganizations, mergers and acquisitions and consent processes when harmonizing employment conditions or changing leave or pension plans.

In addition to providing guidance and advice, we assist both the entrepreneur and the works council in possible legal proceedings before the subdistrict court or the Enterprise Chamber.