Multinational companies with a European Works Council (EWC) are facing significant changes. On 26 November 2025, Directive (EU) 2025/2450—the revised European Works Council Directive—was adopted. EU Member States must transpose the Directive into their national legislation by 1 January 2028. In the Netherlands, this will be achieved through the Act Implementing the Revised EU Directive on European Works Councils, which amends the Dutch European Works Councils Act (Wet op de Europese ondernemingsraden (WEOR)) and introduces a limited amendment to the Economic Offences Act (Wet op de economische delicten (WED)). Below, we outline the key changes introduced by the proposed legislation.
The Dutch European Works Councils Act (Wet op de Europese ondernemingsraden (WEOR)) applies to so-called Community-scale undertakings: companies with at least 1,000 employees within the European Economic Area (EEA) and at least 150 employees in each of two or more Member States.
An important change concerns companies that concluded a voluntary European Works Council (EWC) agreement before 5 February 1997. These undertakings, which have until now been exempt from the WEOR, will become fully subject to the Act as of 2 January 2028.
Stronger Information and Consultation Rights
Information must be provided sufficiently early and in sufficient detail to enable the EWC to conduct a thorough assessment of the proposed measures. In addition, central management must provide a reasoned written response to the EWC's opinion before making a final decision.
The concept of a transnational matter is also clarified. It will now expressly include decisions that indirectly affect employees in another Member State.
Stricter Confidentiality Rules
Central management may only designate information as confidential where it constitutes a trade secret within the meaning of the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen).
Management may refuse to disclose information only where disclosure—even under strict confidentiality—would seriously harm the functioning of the undertaking.
The EWC may ask the Enterprise Chamber of the Amsterdam Court of Appeal to review either a refusal to disclose information or a confidentiality designation.
There may nevertheless be situations where information does not qualify as a statutory trade secret but is still commercially sensitive. In such cases, central management and the EWC may agree that the information will remain confidential for a specified period.
Training and Costs for the EWC
EWC members will obtain a statutory right to training and education during working hours while retaining their salary.
The undertaking must bear the reasonable costs of training, legal advisers, and legal proceedings. Furthermore, EWC members and members of the Special Negotiating Body (SNB) may not be ordered to pay the other party's legal costs in court proceedings.
Gender Balance (40% Target)
The revised legislation introduces a best-efforts obligation to strive for gender balance within the Special Negotiating Body, the EWC, and the Select Committee. The objective is that both women and men each occupy at least 40% of the seats.
Where this objective cannot be achieved, the EWC must provide a written explanation to the workforce.
More Frequent Meetings
Under the statutory fallback arrangements, the minimum number of consultation meetings between central management and the EWC will increase from one to two meetings per calendar year. These meetings must take place in person.
Stronger Enforcement
The Enterprise Chamber will be empowered to order an undertaking to withdraw a decision or prohibit its implementation where the information and consultation obligations have been breached.
Failure to comply with such an order or prohibition will constitute an economic offence under Dutch law, punishable by fines of up to €110,000.
The implementation of the legislation will take place in stages.
The legislative proposal is currently open for public consultation. This provides an opportunity for companies, employee representatives, and other stakeholders to submit their views.
Following the consultation, the bill must still be approved by both the House of Representatives and the Senate. It is therefore not yet certain when the legislation will formally enter into force.
Do you have questions about the impact of the proposed legislation on your organisation or its European Works Council? Please contact one of our specialists in the Employment, Employee Participation & Mediation team.
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