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Many works council struggle with vacancies. Often, too few employees run for election, or works council members leave their positions prematurely for various reasons. Good facilities can help to enthuse employees about works council membership and keep them engaged. In this blog, we list some important facilities for inspiration.
An essential principle of the Works Councils Act (WOR) is that the entrepreneur must ensure that a (potential) works council member is not disadvantaged (see also our blog: ‘If I am in the OR, I cannot be dismissed! Or can I?’). This ‘prohibition of disadvantage’ is interpreted broadly. For example, an works council member may not be:
The prohibition of disadvantage can also mean that works council members must be compensated if they cannot work irregular shifts due to their works council work and therefore miss out on their irregularity allowance (ORT). An example of this is the Penitentiary Institution Middelburg, where a personnel regulation stipulated that works council members who were exempted for participation or union activities received a compensation allowance (MZ/VB). The subdistrict court in Middelburg ruled that this allowance should be considered compensation so that works council members did not lose income due to their works council work.
Tip! Make agreements with the manager to prevent disadvantage and possibly record these in a covenant within the meaning of Article 32 WOR.
The works council and its committees must be able to use facilities reasonably necessary for their tasks. Think of a meeting room, internet, and other necessary facilities such as possibly an official secretary.
Note! The entrepreneur is not obliged to appoint an official secretary for the works council.
Meetings of the works council and its committees preferably take place during working hours. Works council members retain their entitlement to wages. This also applies to preparation time and necessary travel time.
In addition to meeting time, works council members and committee members are entitled to a number of hours in which they can:
Note! The works council and the entrepreneur jointly determine the number of hours annually. A legal minimum of 60 hours per member per year also applies (Article 18(3) WOR).
The entrepreneur is obliged to give works council members and committee members the opportunity to follow training of sufficient quality.
Note! The number of hours and days is determined in consultation between the works council and the entrepreneur. A legal minimum applies:
The costs reasonably necessary for the functioning of the works council and its committees are borne by the entrepreneur. This also applies to the costs of expert advice and legal proceedings, provided the entrepreneur has been informed in advance.
Note! If a budget has been agreed upon, the entrepreneur is not obliged to reimburse additional costs in case of overruns.
The facilities for the works council and its committees can be laid down in a separate facilities arrangement. We advise evaluating this arrangement annually to ensure it remains up-to-date. The arrangement can also be part of a covenant within the meaning of Article 32 WOR.
Tip! We are happy to help you draw up a facilities arrangement!
Do you have questions about the facilities of the works council? Please contact Barbara van Dam-Keuken, paralegal Employment Law & Employee Participation Law or Thomas Catersels, attorney-at-law Employment Law & Employee Participation Law.
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