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What Does Future-Oriented Employee Participation Require from the Dutch Works Councils Act (WCA)?

Employment, Employee Participation & Mediation

5 May 2026

Written by

Renate Vink-Dijkstra

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The Dutch Works Councils Act (Wet op de ondernemingsraden, WCA) has formed the legal foundation for employee participation in the Netherlands for decades. According to the SER Committee for the Promotion of Employee Participation (Commissie Bevordering Medezeggenschap, CBM), the WCA is now due for modernisation. The current legislation no longer adequately reflects the realities of today's organisations, where strategic and long-term issues play an increasingly prominent role and employee participation bodies are expected to contribute more strategically to organisational decision-making. For that reason, the CBM recently submitted a letter to the Minister of Social Affairs and Employment containing a number of concrete proposals to modernise the WCA. As a member of the Committee, I was recently interviewed about these proposals. Below is a summary of the key points.

What Is Meant by Future-Oriented Employee Participation?

Future-oriented employee participation means that works councils do not merely respond to concrete, fully developed decisions, but are involved at an earlier stage in shaping the organisation's strategy and long-term vision. It is about engaging in an open dialogue on the impact of societal developments on the organisation and the employer's vision in response to those developments. As strategic decision-making becomes increasingly important, it is beneficial for employers and employee participation bodies to discuss these issues at an early stage.

What Recommendations Does the CBM Make?

The CBM has put forward several recommendations to modernise the Dutch Works Councils Act (WCA), including:

  • Broadening the scope of the consultation meeting under Article 24 WCA by requiring at least one annual discussion of strategic issues relevant to the organisation's medium- and long-term development, thereby facilitating an early and open dialogue.
  • Extending the mandatory attendance requirement for the Article 24 consultation meeting to all types of organisations, including associations and foundations, to create a level playing field regardless of legal form.
  • Including a training plan for works councils and employee representative bodies (PVTs) in order to emphasise the importance of training and to ensure that training is used strategically by addressing issues relevant to the organisation.
  • Modernising the terminology used in the WCA to ensure that it is future-proof and better reflects current societal developments and strategic themes. This is particularly relevant for the provisions governing consultation and co-determination rights, as well as the works council's promotional role.
  • Updating the statutory written-form requirement to make it clear that statutory formalities may be fulfilled digitally as well as in writing.
  • Giving the employee representative body (PVT) a clearer and more distinct position within the WCA.

Looking to Strengthen Future-Oriented Employee Participation?

The CBM has published practical guidance in its Guidelines on Future-Oriented Employee Participation, offering organisations practical tools for implementing a more strategic approach to employee participation.

We would also be pleased to help your organisation tailor its employee participation structure and make strategic use of employee participation.

Questions?

If you have any questions, please contact Renate Vink-Dijkstra, Partner and Attorney-at-Law, Employment & Employee Participation.

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