Knowledge Is Power: How the Works Council Can Strengthen Its Influence

As a member of a Works Council (OR) in an international organisation, it is essential to understand the basics of employee participation in the Netherlands. This includes knowing the rights and powers granted to the Works Council under the Dutch Works Councils Act (Wet op de ondernemingsraden, WOR) and understanding how to use them effectively.

One of the most fundamental rights of the Works Council is the right to information. After all, effective influence starts with being well-informed.

Two rights to information

The Works Council has both an active and a passive right to information, as set out in Article 31, paragraphs 1–3 of the Dutch Works Councils Act.

The active right to information means that the Works Council can request information from the director whenever it needs it to fulfil its duties. The Works Council may submit a written request, which the director is generally required to comply with, provided the request meets the applicable legal requirements.

A valid reason for requesting information

The director may ask why the Works Council needs certain information. The Works Council should therefore be able to explain how the requested information relates to its responsibilities and activities.

This helps ensure that information requests are relevant and necessary, while recognising that providing information requires time and effort. If the director refuses to provide information to which the Works Council is legally entitled, the Works Council may seek enforcement through the subdistrict court (kantonrechter).

Information provided without being requested

The passive right to information means that the director must provide certain information to the Works Council on their own initiative, without the Works Council having to request it first.

This includes basic information about the organisation, such as:

• The organisation’s legal form, articles of association and registration details.
• The names and places of residence of its owners, directors and supervisory directors.
• The structure of control within a group of companies, including international entities, and who ultimately makes the decisions.
• The organisations with which the company maintains long-term strategic relationships, including international relationships.
• The organisational structure and the responsibilities and powers of senior management.

Understanding these rights enables the Works Council to ask the right questions, assess management decisions and exercise its influence more effectively.

Learn how to use your Works Council rights effectively

Would you like to learn more about the different rights of the Works Council and how to apply them in practice?

Then sign up for the Basic Course: Works Council in 1 Day.

During this course, we use our book, the Standard Guide for Works Councils, to help you build the knowledge and confidence you need to fulfil your role effectively.