When the director takes a decision that is not (completely) in line with the advice from the works council, the director has to notify the works council as quickly as possible in writing. In addition, the director has to explain why the advice was derogated from. The director should comment on the specific objections raised in the advice of the works council. Has the director derogated from the advice for reasons unknown to the works council? Then the works council will have to be consulted again on the implementation of the decision. Meanwhile, the director has to wait for a month before implementing the decision.
What if the director does not give an explanation? Or is the decision already being implemented? In that case, the works council can appeal to the Enterprise Division of the Amsterdam Court of Appeal. For this, representation by a lawyer is required. The Enterprise Division of the Amsterdam Court of Appeal evaluates whether the decision is ‘manifestly unreasonable’. If the Enterprise Division of the Amsterdam Court of Appeal considers that this applies, it can prohibit the director from implementing the decision. Also, the Enterprise Division can order the director to withdraw the decision in whole or in part and to eliminate the effects of the decision. Besides, the works council can request provisional relief upon submission of the petition. In that case, the Enterprise Division of the Amsterdam Court of Appeal will order one or more of the above measures for the duration of the proceedings. This allows the works council to intervene quickly.
