Eveline Bakker

A management board decides to implement a reorganisation, despite the works council (OR) having issued a negative opinion. The management board nevertheless intends to proceed with the decision. How far does its discretion to organise the company extend? A recent decision by the Enterprise Chamber of the Amsterdam Court of Appeal (OK) shows that this discretion is broad, provided that the management board follows the employee participation process carefully and provides a sound justification for its decision.

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.

On 7 July 2026, the Dutch Senate approved the More Security for Flexible Workers Act (Wet meer zekerheid flexwerkers). The new legislation is intended to provide employees with flexible employment contracts with greater certainty regarding their work, income, and working hours. The Act addresses four key areas: on-call contracts, fixed-term employment contracts, temporary agency work phases, and the employment conditions of temporary agency workers.