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AI in an organisation can change how employees are recruited, assessed, monitored and supported in their work. The Dutch Works Council has a role in examining relevant proposed changes and representing employees’ interests. Its involvement depends on the decision and its consequences, rather than the presence of an AI label.
The Dutch Works Councils Act (WOR), provides the employee representation framework. GDPR and the EU AI Act impose separate obligations.
This article explains when information, advice or consent may be required and what the Director [bestuurder] and the Works Council should discuss.
AT A GLANCE
Works Council’s Rights when AI Enters the Workplace
A proposed decision by the company for an AI tool may draft routine text, rank applicants, recommend task allocation or score performance. One proposed decision to implement an AI project by the company may contain both Right of Advice and Right of Consent.
These functions of AI tools may affect employees differently and thus also the Works Council’s rights. A writing assistant for example, may change working methods; a scoring system may also change assessment arrangements and employee monitoring.
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Consultation Meeting General Operations Enterprise, article 24 WOR
Provides a setting for discussing the general affairs of the undertaking and forthcoming decisions. The Director [bestuurder] should bring relevant AI developments into that discussion while there is still room to influence the approach.
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Right to be Consulted / Right of Advice, article 25 WOR
May require advice on introducing or changing an important AI technological facility, an important investment or significant organisational changes linked to the proposed implementation of an AI tool.
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Right of Consent / Right of Approval article 27 WOR
May require consent when specified employee arrangements are established, changed or withdrawn, including staff assessment, training, employee AI data processing and monitoring arrangements.
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Right to be Informed, article 31 WOR
Supports access to information reasonably needed for the Works Council’s duties.
The EU AI Act
The AI Act Regulation (EU) 2024/1689 aims to support the use of Artificial Intelligence while protecting health, safety and fundamental rights. It regulates AI systems and establishes separate obligations for providers of general purpose AI models.
EU Regulations are laws automatically become binding in all EU member states, including the Netherlands, without needing to be transposed into national law.
AI Transparency Requirements August 2, 2026
From August 2, 2026, relevant transparency requirements apply. For example, applicants and employees interacting with an AI chatbot must generally be informed that they are interacting with AI, unless this is obvious.
These transparency requirements are separate from the obligations for high-risk employment AI.
High-Risk Employment AI Requirements December 2, 2027
A separate development in 2026 concerns the timetable for high-risk AI. The 2026 AI Omnibus amendment moved the application date for relevant Annex III high-risk systems to December 2, 2027. The amendment entered into force on July 27, 2026.
Qualifying systems may include AI used to screen applications, support recruitment decisions, allocate tasks based on individual characteristics or behaviour, or monitor and assess employee performance. Classification depends on the system and its intended purpose.
Employers using these systems will need to address applicable requirements concerning human oversight, monitoring, record keeping and information provided to affected employees and their representatives.
Preparing Dutch Works Council Involvement on AI
When a proposed AI project requires Dutch Works Council involvement, the following steps support to explain the proposal, assess its consequences for employees and involve the Works Council at the appropriate stage.
Step 1. Explain the Proposed Decision on AI
The Director should explain why the organisation proposes to introduce AI, how the system will be used and which employees will be affected.
The information should include:
- The business purpose, alternatives considered and proposed implementation timetable.
- Expected changes to jobs, staffing, responsibilities and working methods.
- How employee data will be collected, used and accessed.
- Whether AI will support recruitment, task allocation, performance assessment or employee monitoring.
- Proposed safeguards, human oversight, training and measures to address the consequences for employees.
Step 2. Identify the Applicable Works Council Rights
It should be clearly assessed which parts of the proposal may fall under articles 25 WOR and article 27 WOR.
Right to be Consulted / Right of Advice, article 25 WOR: may be required for introducing or changing an important technological facility, making a significant investment, or implementing important organisational changes. The assessment depends on the nature and significance of the proposed decision.
Right of Consent / Right of Approval article 27 WOR: may be required where AI introduces, changes or withdraws arrangements concerning employee assessment, recruitment, training, working hours, employee personal data or systems designed to monitor employee behaviour, attendance or performance. The right concerns arrangements applying to all employees or a group of employees.
Step 3. Establish the Procedure and Timetable Before Implementation
Before confirming the rollout date, management and HR should prepare the relevant written requests and allow time for information requests, consultation and the Works Council’s response.
As a practical follow-up, the Works Council and Director [bestuurder] should agree on how implementation will be reviewed, including effects on workload, employee autonomy and the accuracy of AI-supported decisions.
One proposed decision to implement an AI project by the company may contain both Right of Advice and Right of Consent and if applicable, the Works Council should receive two separate formal requests.
What the Works Council Should Examine
The following sample questions can support the Works Council request information that management has not yet provided. The list is not exhaustive and should be adapted to the proposed AI project.
Step 1. What Is Being Proposed?
- Which AI systems does management intend to introduce, and for what purpose?
- Which departments, jobs and employee groups will be affected?
- What alternatives have been considered?
- Has a supplier already been selected, a contract signed or a pilot started?
- Which decisions remain open to influence by the Works Council?
Step 2. What Will Change for Employees?
- How will AI change employees’ tasks, responsibilities and workload?
- Will it affect staffing levels, job requirements or the organisation of work?
- Will AI influence recruitment, task allocation, working schedules, performance assessments or promotion?
- What training and support will employees receive?
- Which measures will management take to address adverse consequences?
Step 3. How Will Employee Data Be Used?
- Which employee data will the system collect or use, and from which sources?
- Will it monitor employee behaviour, attendance or performance?
- Who can access the data and AI outputs, including suppliers?
- How long will the data be retained, and will suppliers use them to train their systems?
- Has management assessed the privacy risks and whether a data protection impact assessment is required?
Step 4. What Safeguards Will Apply?
- Who remains responsible for decisions supported or made by AI?
- How will managers check the accuracy and fairness of AI outputs?
- Can employees request human review and challenge an outcome?
- How will management prevent discrimination, excessive monitoring and increased work pressure?
- What happens if the system produces incorrect results or causes harm?
Step 5. How Will the Works Council Be Involved?
- How has management assessed the Works Council’s advice and consent rights under Articles 25 and 27 WOR?
- When will management submit the relevant written requests?
- What information will be provided to support those requests?
- What timetable allows the Works Council to examine the proposal, obtain expert support and discuss its concerns?
- If the project originates at international headquarters, which decisions and implementation arrangements concern the Dutch organisation?
Step 6. How Will Implementation Be Reviewed?
- What are the proposed pilot and rollout dates?
- How will employees be informed about the system and its use?
- How will management measure the effects on employees?
- When will management and the Works Council review the results?
- Which changes to the system or its use will be brought back to the Works Council?
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