In the Netherlands, employee participation in decision-making is deeply embedded in workplace culture, largely thanks to the Works Council. A critical component of this system is the Works Council Rules of Procedure, in Dutch OR reglement.
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What Is the OR Reglement: Works Council Rules of Procedure?
The OR reglement is essentially the internal rulebook of a Works Council. It outlines the way the council operates, the responsibilities of its members, and the rights of the employees it represents. This document provides a framework that ensures the smooth and transparent functioning of the Works Council. It covers everything from meeting procedures to how elections for council members are conducted.
The Rules of Procedure must contain specific provisions addressing the following subjects:
- The composition, size, and term of the Works Council.
- Rules governing Works Council elections, including candidate nominations, voting systems, and the procedure for filling (interim) Works Council vacancies.
- The operating procedures of the Works Council (internal rules such as meeting frequency, decision making procedure etc.).
Each Works Council tailors its procedure to fit the specific needs and nature of the organisation, but it must adhere to the requirements set out by Dutch law, specifically the Works Councils Act (WOR).
The Rules of Procedure document is vital because it provides structure and consistency in how the Works Council operates. Without a well-drafted set of regulations, the council may struggle with inefficiencies, misunderstandings, or even legal non-compliance.
Legal Basis for the OR Regulations
Under Article 8 of the Works Councils Act, every Works Council is legally required to draft its own set of regulations, known as the Rules of Procedures [OR Reglement]. This document must outline the subjects that, according to the WOR, fall under the authority or discretion of the Works Council. Further details on the required topics can be found in Article 10 of the WOR.
The document carries legal weight, meaning that any interested parties, such as the employer, eligible employees may hold the Works Council accountable for adhering to its own rules.
Should the Works Council wish to deviate from these regulations in exceptional circumstances, it may only do so if all relevant parties (the entrepreneur, employees, and involved unions) do not object to the deviation.
Rules concerning the establishment of Works Council Committees (Art. 15 WOR) should also not be in the content, as these require the cooperation of the employer, and this should be attached as an annex.
Covenant Works Council – Entrepreneur
Agreements between the employer and the Works Council, such as those regarding training, facilities, or procedures for consultation meetings, should not be included in the Rules of Procedure.
These topics are distinct from the legal requirements laid out for the Works Council and should be addressed separately in the covenant Works Council – Entrepreneur based on the works agreement (Art. 32 WOR).
Dispute and Objections
The Works Council independently drafts and amends its regulations. However, the employer must be consulted on any changes. Moreover, all employees should have access to the OR Reglement and any subsequent amendments.
In addition, if the employer or any other interested party raises an objection to a particular provision or amendment, and the Works Council does not wish to accommodate this objection, the matter can be escalated to the Cantonal Court under Article 36 of the WOR.
Template OR Reglement: Works Council Rules of Procedure
A commonly used template Rules of Procedure is available from the Social and Economic Council (SER). Additionally, Human in Progress offers a Works Council Consulting service to support you in customising regulations or reviews your current regulations for compliance with the latest legal requirements.
Contact us today to support you create, update, or review your Rules of Procedure. Our team of legal specialists will ensure your regulations are accurate, up-to-date, and tailored to your organisation’s unique needs. complies with Dutch law, and effectively represents your employees’ interests.
Works Council Advisors
Navigating the complexities of Works Council regulations can be challenging, particularly when faced with unfamiliar situations such as reorganisations, mergers, or changes in employment conditions. Our Works Council Consultants are here to assist you. With expertise in various fields, including corporate restructuring, HR policies, and labour conditions, we can provide the guidance you need to ensure your Works Council operates smoothly and in full legal compliance.
Get in touch now to get started!
More Information
- Works Council Netherlands Rights & Responsibilities.
- Human in Progress Academy: Works Council Courses
- Empowering Works Councils Through Expert Consulting.
