During a reorganisation leading to collective redundancies in Eindhoven, the works council plays a crucial role in representing the interests of the employees. Their responsibilities typically include: Seeking Information: The works council has the right to be informed promptly and comprehensively by the employer about the proposed reorganisation, its reasons, and its potential consequences, including the number of employees affected and the criteria for selection. Consultation and Advice: They must be consulted on significant business decisions that could affect employees. This includes discussing the reorganisation plan, potential alternatives to redundancies, and measures to mitigate the impact on employees. They are expected to offer advice and express their opinions. Consent and Veto Power: In some cases, particularly concerning dismissals, the works council may have a right of consent or even a veto. If the employer proceeds with a reorganisation or dismissals against the explicit advice or wishes of the works council, there can be legal consequences or a need for further negotiation. Negotiating Social Plans: The works council is instrumental in negotiating a "social plan" (sociaal plan) with the employer. This plan outlines the terms and conditions for employees who are made redundant, including severance pay, outplacement services, retraining opportunities, and support in finding new employment. Ensuring Fair Procedures: They monitor the process to ensure that redundancies are carried out fairly and in accordance with legal requirements and any agreed-upon procedures. This includes checking if selection criteria are applied justly. Employee Representation: The works council acts as the primary point of contact for employees during such difficult times, relaying concerns, answering questions, and advocating for their rights. Seeking Alternatives: They actively explore and propose alternatives to collective redundancies, such as redeployment within the company, reduced working hours, or early retirement packages. Monitoring Implementation: Once a reorganisation plan is approved, the works council monitors its implementation to ensure that the employer adheres to the agreed-upon terms and conditions, especially those related to employee support. In essence, the works council acts as a vital safeguard, ensuring that employee rights are protected, potential negative impacts are minimised, and the reorganisation process is conducted as responsibly and fairly as possible.

When collective dismissal is at stake, the works council plays an important role. Is your company in Eindhoven or the Brainport region facing a reorganisation in which multiple positions are to be abolished? If so, the works council (OR) is one of the most important parties in that process. Understanding exactly what the OR is permitted and required to do helps you, as an employee, to better assess whether your employer is complying with the rules correctly.

What does the law say about the works council (OR) in a reorganisation?

The powers of the works council are laid down in the Works Councils Act (Wet op de ondernemingsraden – WOR). Under Article 25 WOR, the OR has the right to be consulted on major organisational changes. This includes a significant reduction in activities, the closure of departments, or a fundamental change in the distribution of authority within the company. Because a reorganisation almost always meets at least one of these criteria, the right of consultation is in practice virtually always applicable whenever there is collective dismissal in Eindhoven or elsewhere.

An OR is legally required when the company normally employs more than 50 people. If your employer is smaller, there may be a staff representation body (personeelsvertegenwoordiging – PVT) with more limited powers.

When must the employer consult the works council (OR)?

The OR's advice must be sought at a point in time when it can still genuinely make a difference. That may sound logical, but in practice things frequently go wrong here. The law explicitly states that the advice must be capable of having a material influence on the final decision. An employer who only informs the OR after the reorganisation plans have already been fully worked out therefore does not meet the statutory requirements.

Furthermore, there is a practical and significant consequence: UWV will not process a dismissal application on business-economic grounds if the OR has not been consulted in good time. The earlier the OR becomes involved in the plans, the greater the chance that the consultation process will run smoothly and that your interests as an employee will be properly taken into account.

How does the request for advice work in practice?

The employer sends the OR a written request for advice. That request must contain at a minimum: the substance of the proposed decision, the reasons underlying it, and the measures the employer intends to take to limit the consequences for employees. At least one consultation meeting must then take place before the OR issues its advice. Only after that does the employer take a final decision and notify the OR of it in writing.

If the final decision deviates from the OR's advice, the reorganisation may not be implemented for a period of one month. During that period, the OR may apply to the Enterprise Chamber.

What can the works council (OR) do if the employer disregards its advice?

If the employer does not follow the OR's advice, Article 26 WOR gives the OR the option to appeal to the Enterprise Chamber of the Amsterdam Court of Appeal. The ground for appeal is that the employer, after carefully weighing all the interests involved, could not reasonably have reached its decision. The appeal must be lodged within one month of notification of the final decision.

If the Enterprise Chamber upholds the appeal, it can order the employer to withdraw the decision in whole or in part, or impose a prohibition on taking any further steps to implement it. That is a powerful instrument, but one that requires careful preparation.

What does the works council (OR) procedure mean for you as an employee?

As an employee, you have a direct interest in the OR fulfilling its role properly. A correctly completed consultation process increases the likelihood of a social plan containing sound arrangements regarding redeployment, severance payment, and support in moving from one job to another. Moreover, a procedure that your employer has carried out carelessly can have far-reaching consequences for the validity of dismissal applications.

Pay attention to the following points if you are faced with collective dismissal in Eindhoven:

• Check whether the OR was informed about the reorganisation plans in good time and in full.
• Ask whether the OR has already received a request for advice and what it says about measures for employees.
• Check whether the works council (OR) was involved in the negotiations on a social plan.
• Check whether your employer stated in the UWV dismissal application whether and when the works council (OR) was consulted.
• If the works council (OR) advice was negative or was ignored, find out whether an appeal procedure is ongoing or has been considered.
• Always have your own position assessed by a specialist, independently of what the works council (OR) does.

Would you like to know more about how the entire process of reorganisation and dismissal on economic grounds works? See the detailed information on the page about Reorganisation and Redundancy in Eindhoven.

Works council advice and your transition payment

A sound works council (OR) process also affects the financial side of your dismissal. A social plan may contain agreements on a supplementary payment on top of the statutory transition payment. In 2026 that statutory amount is a maximum of €102,000 gross, or one full gross annual salary if that is higher than this amount. Whether you are entitled to more than the statutory baseline depends in part on what the works council (OR) has been able to agree on behalf of the employees.

Help with collective dismissal and the role of the works council

At Arbeidsjurist Eindhoven we know the local labour market and understand how reorganisation processes work in practice, including at major employers in Brabant. We look at your situation concretely: was the works council (OR) process conducted correctly, was the mirror-image principle (afspiegelingsbeginsel) applied properly, and is your payment complete and correct? You do not have to face this alone. Contact us without obligation for an initial exploratory conversation about your position in a collective dismissal in Eindhoven.

Frequently asked questions

Is the employer required to ask the works council (OR) for advice during a reorganisation?

Yes, if the undertaking normally employs more than 50 employees, the employer is required under Article 25 of the Works Councils Act (WOR) to seek the advice of the works council (OR) on far-reaching organisational decisions, such as a significant reduction in activities. Furthermore, UWV will not process a dismissal application on economic grounds if the works council (OR) has not been consulted.

What can happen if the employer involves the works council (OR) too late or not at all?

If the employer disregards the right to advice or only informs the works council (OR) after the decision has already been taken, UWV may put the dismissal application on hold until the advisory process has been completed. In addition, the works council (OR) may appeal to the Enterprise Chamber (Ondernemingskamer), which can order the employer to withdraw the reorganisation decision in full or in part.

May the employer deviate from the works council (OR) advice?

The employer is not legally obliged to follow the works council (OR) advice, but must set out any deviation in writing with reasons. If the final decision differs from the advice, a waiting period of one month applies before the reorganisation may be implemented. During that period the works council (OR) may lodge an appeal with the Enterprise Chamber (Ondernemingskamer) of the Amsterdam Court of Appeal on the basis of Article 26 WOR.

What is the maximum transition payment in the event of collective dismissal in 2026?

The statutory maximum transition payment in 2026 is €102,000 gross, or one full gross annual salary if that is higher than €102,000. A social plan negotiated by the works council (OR) may contain additional agreements that make your total payment higher than the statutory baseline.

Does the works council (OR) have any influence on my personal severance payment?

Not directly, but the works council can negotiate a social plan on behalf of all employees. This often contains agreements on supplementary payments, outplacement and redeployment. As an employee, it is wise to have your own legal position assessed by an employment law specialist, independently of what the works council has agreed.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.