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Works Council Regulations: More Than Just a Formality!

Employment, Employee Participation & Mediation

23 September 2025

Written by

Thomas Catersels

Barbara van Dam

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A recent ruling by the subdistrict court underlines the importance of drafting and subsequently complying with a proper Works Council (OR) regulation. The judge ruled that an employee qualifies as an interested party within the meaning of Article 36 of the Works Councils Act (WOR) and therefore has the right to access agendas and minutes of Works Council and consultation meetings. Even if personal motives are behind the request, that is no reason to reject it. Abuse of legal process is not at issue.

This ruling shows that the Works Council regulation is not a paper tiger, but a document with impact. So it’s time to take a critical look: how is your regulation holding up?

What does the WOR say?

The Works Council is required to draw up regulations. These must include, among other things, the following matters:

  • The election procedure and working methods of the Works Council (Article 8 paragraph 1 WOR);
  • The publication of agendas, minutes of Works Council meetings and consultations with the employer, and the annual report (Article 14 WOR);
  • The timing of the publication of the agenda, no later than 7 days before the meeting (Article 14 paragraph g WOR);
  • The method of publication of minutes and the annual report (Article 14 paragraph h WOR); 
  •  Agreements with the entrepreneur regarding consultation meetings, including the publication of agenda and minutes (Article 23a paragraph 5 WOR).

Minutes or report? Transparency versus confidentiality

Although the Works Council is bound by confidentiality under the WOR, this does not mean that nothing may be shared with the constituency. The duty of confidentiality only applies to confidential information. The Works Council may therefore:

  • create internal minutes for its own archive;
  • prepare a concise and accessible report for employees, sharing the main points and outcomes of the consultation.

This helps the Works Council remain transparent and comply with its statutory obligations. Do note, however, that in some cases the director may impose additional confidentiality requirements for specific matters. Such information may not be shared either. If you are unsure, consult with the director to avoid any miscommunication.
 

Conclusion: The works council regulation is more than just a formality

This ruling by the subdistrict court confirms that the Works Council regulation is not merely a formality. The Amsterdam subdistrict court already ruled in 1996 that the Works Council regulation not only has internal effect but also external effect, so that employees can derive rights from it. If the Works Council does not comply with its own regulation, employees can object to this, which may lead to legal proceedings that are costly, time-consuming, and damaging to the company’s reputation. Compliance with a good Works Council regulation, on the other hand, prevents disputes and strengthens the position of the Works Council.

Questions?

Would you like help drafting, updating, or revising your Works Council regulation? Feel free to contact us – we are happy to think along with you: Thomas Catersels, Attorney Labour & Employee Participation and Barbara van Dam-Keuken, Legal Officer Employment & Employee Participation.