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Once again, February has been crowned the month of co-determination. Although I can't imagine a day without employee participation, it's wonderful to see that this month brings a lot of attention to it. This year is extra special because the WOR celebrates its diamond jubilee! 75 years ago, the WOR came into existence. A long time ago, and yet time is relative. Employee participation has been part of our society for much longer and still seems to be gaining ground today.
The fundamental idea remains the same: employee participation represents the voice of the worker, now known as the employee, in a consultation with the director. Long before 1950, it was considered important for workers to have a say in social policy. In 1950, this was enshrined as a right in the WOR, and since 1983, this right to employee participation has even been included in our Constitution. In short, employee participation is well-anchored by our legislator, with the WOR ensuring employee participation for employees. Is this a justified principle?
Looking at the most recent compliance survey of the WOR, the legitimate question arises as to how it is possible that for so many years, around 30% of companies that should have a works council under the WOR do not have one. Various reasons exist for this, ranging from a lack of interest or need among employees to directors of companies with often up to 100 employees who have too little time and energy to invest in employee participation. Improvement is in sight. There are sectors where attention is being drawn to the importance of employee participation and how to implement it. In my opinion, gains can still be made by looking at innovative forms of employee participation within companies. Forms that fit the current management of companies and the way decisions are made.
Fortunately, for many years, around 60% of entrepreneurs have established a works council. These companies undoubtedly also face challenges related to the organization or implementation of employee participation. The WOR serves as a (formal) basis but does not guarantee effective decision-making. That is in the hands of directors and works councils themselves. There is no employee participation without having a good conversation with each other or without making agreements about constructive cooperation.
There is no employee participation without having a good conversation with each other or without making agreements about constructive cooperation. I regularly see the question of whether the WOR is still up to date. A legitimate question, and the previous minister also addressed this issue. According to them, an update is needed, which is why they assigned this task to the SER's Committee for the Promotion of Employee Participation. This will be followed up next year, and I will contribute to it.
Too rarely do I see the question of what is possible within the WOR. In other words, can the WOR be used in such a way today that employee participation can align with companies in this era? The WOR is more flexible than sometimes perceived. Customization is often possible but is not always seen or used in practice.
Too rarely do I see the question of what is possible within the WOR. In other words, can the WOR be used in such a way today that employee participation can align with companies in this era? The WOR is more flexible than sometimes perceived. Customization is often possible but is not always seen or used in practice. It does require something from the user of the WOR: courage, creativity, and out-of-the-box thinking! That's what I love to do: working with directors, entrepreneurs, and works councils to see how it can be done and what works to give employee participation a good place. This is my passion!
How wonderful is it when you can make your passion your work by looking at the possibilities that already exist or giving that push to ensure that employee participation is still considered important 75 years from now?! And how will we implement employee participation in 75 years? I don't have that crystal ball either, but undoubtedly new forms of employee participation will have emerged, and the implementation will be much more digital, efficient, and sometimes more professional due to all the tools created for this purpose. But even then, employee participation will still be about having a good conversation with each other, trusting each other, and staying connected with the company and the employees.
Here's to a beautiful month full of employee participation and a wonderful jubilee year!
Would you like to know more about employee participation? Contact Renate Vink-Dijkstra, Attorney at Law & Partner.
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