- When is the involvement of trade unions required?
Employers must notify and consult trade unions before executing a collective dismissal (20+ employees) in any 3-month period in the same region . - What is the role of trade unions in employee relations?
Trade unions negotiate collective agreements (CAs), represent employees in disputes, and are consulted for major company decisions like layoffs or restructuring . - Is it mandatory for employers to negotiate with trade unions?
While employers are not required to negotiate directly, consultation is mandatory in case of collective dismissals or work policy changes that affect large groups of employees . - How can trade unions influence company decisions?
Unions can veto certain changes if they negatively affect employees. However, their advisory role is not binding unless required by law (e.g. in collective redundancies) . - What is the role of a works council?
Companies with 50+ employees are required to establish a works council, which must be consulted on major decisions affecting employees, such as layoffs, mergers, or reorganization . - Can an employer bypass the works council?
No; bypassing the works council in decisions such as dismissals or restructuring can result in the invalidation of decisions made without council input . - What happens if an employer dismisses employees without union consultation?
If unions or the works council are not consulted during layoffs, the dismissals can be invalid. Employees may challenge the dismissal and ask for reinstatement or severance . - Can employees be dismissed for union activity?
No; union membership and activities cannot be grounds for dismissal. Employees are protected from discrimination based on union involvement . - Are unions entitled to information about the workforce?
Yes, unions are entitled to specific information about staffing levels and restructuring plans, particularly if these affect job security or terms of employment . - What are the rights of trade unions regarding strikes?
Unions have the right to call for industrial action (e.g., strikes) in disputes over working conditions or salaries, but must follow legal procedures to ensure that strikes are legal under Dutch law . - Can an employer avoid union involvement in HR decisions?
Employers cannot completely avoid union involvement if they are dealing with major decisions affecting multiple employees, such as layoffs or changes in working conditions . - How are works councils elected?
Employees with at least 6 months’ service are eligible to vote, and candidates for the works council are typically nominated by employees themselves. The council is elected by secret ballot .
- Can the works council block appointments of company directors?
Yes; the works council has advisory rights when it comes to the hiring or dismissal of company directors or key management personnel .
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