{"id":4994,"date":"2026-06-13T09:56:36","date_gmt":"2026-06-13T09:56:36","guid":{"rendered":"https:\/\/www.arbeidsjurist-eindhoven.nl\/?p=4994"},"modified":"2026-06-14T18:48:29","modified_gmt":"2026-06-14T18:48:29","slug":"reorganisation-works-council-role-collective-dismissal-eindhoven","status":"publish","type":"post","link":"https:\/\/www.arbeidsjurist-eindhoven.nl\/en\/kennisbank\/reorganisatie-ondernemingsraad-rol-collectief-ontslag-eindhoven\/","title":{"rendered":"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:\n\nSeeking 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.\nConsultation 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.\nConsent 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.\nNegotiating 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.\nEnsuring 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.\nEmployee 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.\nSeeking Alternatives: They actively explore and propose alternatives to collective redundancies, such as redeployment within the company, reduced working hours, or early retirement packages.\nMonitoring 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.\n\nIn 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."},"content":{"rendered":"

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.<\/p>\n

What does the law say about the works council (OR) in a reorganisation?<\/h2>\n

The powers of the works council are laid down in the Works Councils Act (Wet op de ondernemingsraden \u2013 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.<\/p>\n

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 \u2013 PVT) with more limited powers.<\/p>\n

When must the employer consult the works council (OR)?<\/h2>\n

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.<\/p>\n

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.<\/p>\n

How does the request for advice work in practice?<\/h2>\n

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.<\/p>\n

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.<\/p>\n

What can the works council (OR) do if the employer disregards its advice?<\/h2>\n

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.<\/p>\n

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.<\/p>\n

What does the works council (OR) procedure mean for you as an employee?<\/h2>\n

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.<\/p>\n

Pay attention to the following points if you are faced with collective dismissal in Eindhoven:<\/p>\n