Meaning
Mandatory approval requirements under Dutch labor law grant the works council a right of consent regarding proposed social policies and employee benefit schemes. Under the framework of WOR statutory consent, an employer must obtain the written agreement of the works council before introducing, amending, or withdrawing rules related to pensions, working hours, or performance monitoring. This statutory protection ensures that policies directly affecting employees are mutually agreed upon.
Legal Requirement
The process requires the employer to submit a written request for approval that explains the reasons for the proposed change. When seeking WOR statutory consent, management must provide a detailed analysis of the expected consequences for the workforce. This requirement ensures that the works council can make an informed decision based on complete and accurate information.
Disputed Proposal
When the works council refuses to give its approval, the employer cannot implement the proposed change. To bypass this refusal and obtain WOR statutory consent, the employer must apply to the subdistrict court for permission, which is only granted if the works council’s refusal is deemed unreasonable. This judicial review prevents employers from unilaterally forcing through changes that lack broad employee support.
Operational Limit
Unilateral implementation of a policy without the required consent is legally null and void. The works council can demand that the employer suspend the unauthorized policy immediately.
