
Employment, Employee Participation & Mediation
The WHOA agreement and the role of the works council
5 December 2025
The Act on the Confirmation of a Private Restructuring Plan (WHOA) has by now become a well-known instrument for the restructuring of companies with a heavy debt burden. The WHOA offers possibilities to restructure companies that are in serious financial distress without bankruptcy. In an earlier blog it was already described that, within the WHOA, a role is also assigned to employee participation. It became clear that the works council or staff representation can have a role at the start and during the preparation of a WHOA process. But how does this work in relation to the formation of the WHOA agreement? Is the entrepreneur obliged to submit the WHOA agreement to the works council for advice?



