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What Does the Amendment to Article 12 of the Dutch Working Conditions Act Mean for the Role of Employee Participation?

Employment, Employee Participation & Mediation

7 May 2026

Written by

Thomas Catersels

Barbara van Dam

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Safety and health at work are not only a legal obligation, but also essential for sustainable employability and a healthy workplace culture. The European Framework Directive on Safety and Health at Work requires employees to be actively involved in discussions on measures that affect them. It has since become apparent that, when the Directive was implemented into Dutch occupational health and safety legislation, employee participation bodies were granted fewer rights than intended. This legislative proposal aims to rectify that discrepancy.

What is changing?

Article 12 of the Dutch Working Conditions Act (Arbowet) concerns cooperation, consultation and specific rights of the works council, the employee representative body and the employees concerned. This article will be amended in the following four respects:

  1. From cooperation to consultation: The legislation clarifies that employers must consult the works council (OR) (or PVT), rather than merely cooperate informally. Consultation means an exchange of views and establishing a dialogue, in which the OR/PVT may advise the employer and submit proposals of its own.
  2. Clear topics: The consultation must at least cover key topics such as the Risk Inventory and Evaluation (RI&E), emergency response arrangements (BHV), occupational health services and expert assistance.
  3. All employers, all organisations: If an organisation does not have an OR/PVT, the employees concerned must be consulted.
  4. Enforcement: Article 12 of the Working Conditions Act will fall under the supervision of the Netherlands Labour Authority, meaning that non-compliance may result in penalties.

Please note!
The legislation does not prescribe a fixed frequency for consultation. Employers must consult the OR/PVT or employees whenever circumstances give rise to this, for example in the event of changes to occupational health and safety policy or the organisation of key measures such as the RI&E and BHV. This must take place in a timely manner and as often as necessary. New employees must be informed of the arrangements that have been made.

Practical tips for the OR

  • Request timely consultation proactively: Ask for timely consultation when changes are made to occupational health and safety policy or its organisation.
  • Create a checklist: Use the five key topics from the legislation (RI&E, BHV, organisation of expert assistance (such as the preventive officer and occupational health service), occupational health services and prevention policy, and information and training for employees on risks and measures) as a guideline for consultations.
  • Record agreements and document consultations: Ensure that the frequency and procedures regarding consultation are included in occupational health and safety policy. In addition, consultations should be documented now that the Netherlands Labour Authority has enforcement powers.
  • Inform colleagues: New employees must know which arrangements have been made – ensure that this is monitored.
    Prepare proposals: Take a proactive approach and come up with ideas yourself to reduce risks in the workplace.

The legislative proposal has been adopted by both the Senate and the House of Representatives. The new legislation will enter into force on 1 July 2026.

Would you like to ensure that your OR makes optimal use of these new rights? We would be happy to think along with you about how to put this into practice.

Questions?

If you have any questions, please contact Barbara van Dam-Keuken, Legal Assistant Employment & Employee Participation, or Thomas Catersels, Attorney-at-Law Employment & Employee Participation.

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