The role of the Works Council in tech-system implementations

Works Councils in The Netherlands

The latest trends redefining HR include big data, mobile apps, system technology, and the SaaS Model (Software as a service). These digital technical disruptors are bringing major changes to the HR function as these systems are tracking personnel data and might impacting privacy. What is the role of the Works Council in any of these system implementations? 

Right of consent

The implementation of any employee monitoring system (e.g. camera surveillance, electronic car system and time registration systems) is subject to Works Council right of consent based on Article 27 of the Works Council Act, as it related to the processing of personal data of employee. The proposed implementation is aimed to monitoring the behavior and/or performance of the employees. This means that in case the company would like to implement a regulation concerning processing of personal data of visitors this will not be subject to Works Council consent.

However, based on Article 25, paragraph 1 of the Works Council Act [WOR] , the Works Council has a right of advice on intended decisions of the company on important proposed tech-implementations. The introduction of the electronic card system should be seen as an important technological feature.

In light of technological developments, organisations will introduce in the future more and more advanced personnel systems. The task of the Works Council will be to ask questions and critically analysing these systems while taking care of the interests of both the employees and the company.

For questions on Works Council queries, please contact us.

More News