Jesper specialises in corporate litigation and governance
jesper.nooij@russell.nl +31 20 301 55 55The works council has an important task when it comes to working conditions in the company, including social safety. What tools can the works council use to ensure a safe corporate culture?
Social safety in the workplace is essential for the well-being of employees and the success of the organisation. It is not only about physical safety, but also about a culture where everyone feels respected, heard and appreciated. The works council therefore has an important role to play in creating and maintaining this safe working atmosphere. As a representative of the employees, the works council must ensure that social safety remains a topic of ongoing concern. In this blog, we discuss how the works council can ensure that social safety remains guaranteed within the company.
The works council has an obligation to promote compliance with working conditions regulations applicable to the company. With this obligation, the works council touches the territory of the Working Conditions Act (Dutch: Arbowet). It follows from the Working Conditions Act that the employer must pursue a policy aimed at preventing and, if this is not possible, limiting psychosocial workload. This includes transgressive behaviour and social safety in the workplace. The works council therefore has an obligation to ensure that the employer has a policy to prevent transgressive behaviour.
Prevention is better than cure. Therefore, we provide some tips on what the works council can do to improve social safety in the company.
The works council has a right of consent regarding the company’s health and safety policy. This enables the works council to participate in discussions and make proposals regarding the policy. The works council must check whether the policy is still up to date and whether improvements are possible. Critical questions can be asked here: does the policy still meet today’s requirements? Can complaints be filed? How are complaints handled? It is therefore important to take a critical look at the company policy and make additions where necessary to improve it.
Works council members are on the shop floor every day and therefore easily come into contact with their colleagues. Thus, works council members hear stories about the working atmosphere and social safety. Although the works council cannot deal with individual cases, these stories can give a picture of the atmosphere and safety in the company. These individual stories give the works council clues to evaluate, monitor and adjust policies if necessary.
The employer is obliged to carry out a risk inventory and evaluation (RI&E). The employer must record in writing the risks posed to employees by work. These risks include transgressive behaviour. In doing so, the employer must draw up a plan of action for the measures to be taken to reduce this risk.
The works council has a right of consent when determining the RI&E and the associated action plan. The employer must therefore involve the works council when drawing up and updating the RI&E. Ultimately, the works council must also agree to the employer’s proposal. Once the RI&E has been adopted, the works council has the right to be informed about the results. This gives the works council the opportunity to play a monitoring and advisory role in ensuring the social safety and health of employees.
The company is obliged to appoint a confidential adviser within the company. This can be either an external or internal confidential adviser. When an employer wishes to appoint a confidential adviser, it must involve the works council. The works council has an important role in the appointment, extension and termination of the role of confidential adviser. In fact, the works council has a right of consent for this too. This allows the works council to exert a lot of influence on social safety in the company and countering cross-border behaviour.
The works council has a right of initiative under Section 23 of the Works Councils Act. The works council can make proposals to the entrepreneur on all matters concerning the company, including cross-border behaviour and social safety in the company. This right is not yet fully used by works councils often due to lack of time, information. No right of appeal is attached to the right of initiative. The works council can therefore make proposals to improve the course of events within the company, but cannot go to the court if they are rejected.
Do you have any questions in response to the above? Or would you like to use our special services for works councils? If so, please feel free to contact us:
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