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Right of consent and right of agreement: What is the difference?

Employment, Employee Participation & Mediation

5 January 2026

Written by

Thomas Catersels

Barbara van Dam

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Works councils have influence, under various laws, over decisions that directly affect employees. The right of consent under the Works Councils Act (WOR) is one of the best-known and strongest rights in this respect. Less well known is the right of agreement. However, this right does not stem from the WOR, but from other laws such as the Working Conditions Act, the Working Hours Act and the Work and Care Act, and sometimes from collective labour agreements (CLAs). Both rights differ fundamentally in their operation and impact. It is therefore important to know exactly which right you are dealing with.

The right of consent

The right of consent concerns intended decisions on subjects that are exhaustively listed in Article 27(1) of the Works Councils Act (WOR), such as schemes in the areas of working and rest times, absenteeism, and performance appraisal.

Key points:

  • Management may only implement a decision after the Works Council has given its consent;
  • If the Works Council refuses consent, it can prevent the decision from being implemented by timely invoking nullity;
  • If management nevertheless implements the decision, the Works Council may request the subdistrict court to stop the implementation (Article 27(6) WOR);
  • Management, in turn, may ask the subdistrict court for substitute consent (Article 27(4) WOR). If this is granted, the decision may still be implemented;
  • The right of consent gives the Works Council influence, but it is not a veto right.

The right of agreement

The right of agreement follows a different system. This right is laid down in specific legislation and sometimes in collective labour agreements, and mainly concerns arrangements that affect the day-to-day working conditions of employees.

Key points:

  • An arrangement can only be introduced or amended if the Works Council has agreed to it;
  • That agreement must be laid down in writing;
  • The Works Council cannot invoke the nullity of a decision;
  • Management cannot request substitute consent from the subdistrict court;
  • Without agreement, the existing situation remains in force.

What does this mean for the Works Council?

The right of agreement is a stronger right than the right of consent. In practice, it amounts to a veto right: after all, no agreement means no change. This gives the Works Council a powerful position in matters where agreement is required.

Because no one can unilaterally enforce the decision, good consultation is essential. The right of agreement invites tailor-made solutions, in which the interests of employees and the organisation are carefully balanced.

It is important for works councils to be clear, for each decision, about which right applies. This insight prevents misunderstandings and helps to structure consultations effectively. The right of consent requires a different preparation and strategy than the right of agreement.

Questions?

We are happy to assist works councils and management in interpreting these powers and in shaping effective consultation processes in which employee participation truly comes into its own.

If you have any questions, please contact Barbara van Dam, Legal Assistant Employment Law & Works Council Participation, or Thomas Catersels Lawyer Employment Law & Works Council Participation.

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