Some entrepreneurs try to ignore the works council. Others, as a negotiating tactic, pretend not to take the WoCo seriously. How does the WoCo ensure not to be ignored and to have a serious say in the company policy and strategy?
Too many works councils feel they are not taken seriously or not appreciated enough by the entrepreneur. In some cases, the entrepreneur actually does not take a works council seriously. However, often it is an entrepreneur tactic to create this impression so that the works council will become “insecure” and less likely to believe in its own view. However difficult it may be: Try not to fall for this! As a WoCo you do play an important role in the organization. It is essential that, as a WoCo, you take yourself seriously and are thus taken seriously by the entrepreneur. How can you achieve this?
Here are 7 practical tips that can help contribute to be taken seriously as a works council by the entrepreneur:
The most important rights of the works council are:
A works council that is well-aware of its rights can also make them clear and “enforce” them on the entrepreneur.
Do you as a WoCo know exactly which rights you have and what these rights entail? If not, consider taking a training course on this so that you can get started effectively.
Please note, in particular Dutch companies with a foreign parent are often not familiar with the rights of a works council. It cannot hurt to sit down and talk with the entrepreneur, with or without the guidance of an independent adviser, about your role (and rights) as a WoCo.
It is advisable, e.g. at the beginning of your term of office as works council members, to sit down with the entrepreneur to determine which proposed decisions fall under rather unspecified subjects from the Works Councils Act for which the advice and consent of the works council is required, e.g. a “significant reduction” in the company’s activities or a “major investment”. This makes it clear for both parties in advance which proposed decisions (in any case) require a formal request for advice/consent. This prevents discussions when the entrepreneur intends to implement a decision and prevents you from being involved too late in the decision-making process and thus being sidelined.
This way you as a works council are each time up to date on what is going on in the company. Based on the Act, the WoCo has the right to a wide range of (basic) information. Including information on the structure of the organization, as well as financial-economic information.
By receiving information both actively and passively throughout the year, you as a works council will stay up to date. When you receive requests for advice or consent, you will therefore not start at a disadvantage towards the entrepreneur. There will be no need to request overdue information. An entrepreneur is usually not keen on having to provide all kinds of (basic) information when it comes to a proposed decision. As a WoCo, you will then be well-prepared and can ensure that you immediately have all information relevant to the request for advice or consent.
As a works council, it is important that you get timely involved in the entrepreneur’s decision making. To this end, at the beginning of each calendar year, it can be useful to draw up an agenda for the whole year with the entrepreneur in which:
This gives you as WoCo clarity in advance about long-term planning, what you have to take into account and which prevents you from being caught off-guard by sudden decisions.
On receiving a request for advice or consent, it is essential that you as a works council are serious. So make sure that you are well-informed of the entrepreneur’s plans. It is essential for you to ask specific questions in order to come to a balanced advice or consent. Get to know the subject matter, ask meaningful questions, listen attentively to the entrepreneur’s answers and dig deeper if your question gets waved off by the entrepreneur.
If the request for advice or consent concerns a subject you as WoCo do not know much about, set up a committee consisting of expert employees who can think along or engage an expert/adviser in good time. If the entrepreneur realizes that you do not have much knowledge about a subject, they will be more likely to walk all over you and to persuade you with arguments that are not correct. Make sure this does not happen to you as a works council!
Make use of the time you have by law as a works council (and any additional time from the entrepreneur) to delve into the request for advice or consent. It is also important for the advice or consent (or its refusal) by the works council to be formulated in a way the entrepreneur cannot put aside. Ensure that you as works council will reach a common position and decision regarding the request for advice or consent. If the works council does not have a uniform position, the entrepreneur will notice it soon enough. The entrepreneur can use this to get their decision through.
As a works council, ensure that minutes are kept of each meeting. Of internal meetings of the works council but in particular of the meetings the WoCo has with the entrepreneur. When it concerns a meeting with the entrepreneur, make sure to share the minutes with the entrepreneur. This way, unnecessary discussions can be prevented, the following meeting can be used effectively and you as works council can ask/point out/ keep the entrepreneur to agreements made during the meeting.
As a works council, you stand up for the interests of all employees in the company, but naturally you also have the best interests of the company at heart. Do not fight every battle with the entrepreneur, but build a bond of trust so that the entrepreneur will involve you as a discussion partner in their decisions. The works council and entrepreneur need each other. A WoCo that disagrees with each proposed decision by the entrepreneur will likely not be taken seriously.
As a works council, make a list what effect a proposed decision by the entrepreneur might have, and make an informed choice per decision whether it is worth challenging. The WoCo’s work can be seen as negotiating: Sometimes you make every effort to stop a proposed decision. Other times you come to a reasonable compromise.
Do you as a works council think that you are not taken seriously by the entrepreneur? And do you fail to make any progress with the entrepreneur using the aforementioned tips? Call us, email us or make use of the contact form below. You can also contact us for help with advisory or consent requests and for training on the legal position of the works council:
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