Montse Rodríguez Escudero

"What is your most important tip for works councils?" As a co-determination lawyer, I get this question regularly. My answer is always the same: make sure you're involved early. Not when all the plans are already on paper, but when there are still real choices to be made. Of course, the executive must follow the rules. Follow the Works Councils Act (WOR). Ask for advice. But those who really want to have influence need to be at the table earlier. When plans are still taking shape. When alternatives are still open. When external advisors have yet to receive their assignments. Because a works council that only wants to be involved at the advice request stage is often too late to make a real difference. Renate Vink-Dijkstra and I recently commented on a case in the JIN journal that illustrated this again.

On February 7, 2024, the Supreme Court ruled on the protection of whistleblowers. This is the first time the Supreme Court has ruled on the Whistleblower Protection Act (Wbk). This law, among other things, stipulates that a whistleblower cannot be dismissed because of their report. But how far does that protection extend?

In practice, we regularly receive questions about the possibilities of imposing a wage sanction if an employee does not cooperate with their reintegration. Firstly, there is often confusion about the difference between wage suspension and wage stop, but employers also regularly wonder if a wage stop is the right route in a particular situation.