A reorganization often has a lot at stake: from jobs to a company's entire future. Therefore, it's important to know who plays what role and how you can protect yourself. In this blog post, we explain which parties are involved, including the works council (OR), unions, and employees.
The Works Council
The Works Council must assess the reorganization and advise the employer accordingly. This is regulated by the Works Council Act (WOR). The Works Council is entitled to advice on major decisions, such as reorganizations. An employer cannot simply ignore the works council's advice. Therefore, a company must properly justify any disregard for the Works Council's advice.
The core of the role of the Works Council
- Assessment of usefulness and necessity: The Works Council assesses whether the reorganization is useful and necessary. Are there alternatives, for example? Is the plan well-thought-out? If the Works Council has doubts or other ideas, this can certainly influence the final decision.
- Information provision: The Works Council is entitled to all relevant information about the reorganization, such as financial reports, staff reduction plans, and expected operating results.
- Suspension and appeal: If the Works Council disagrees with the decision and management implements it anyway, the Works Council can go to court at the Enterprise Chamber. The Enterprise Chamber can decide to temporarily halt the reorganization.
In all of this, a works council can also seek advice from external experts. The employer may not simply refuse this.
Tip: Do you work in an organization without a Works Council? Then make sure you are well informed about your rights and obligations. De Unie you can obtain legal advice.
More information about the legal role of the Works Council can be found on the website of the National government.
The union: your support and negotiator
The union plays a vital role in protecting your interests as an employee. During a reorganization, the union often negotiates a social plan. This includes agreements on matters such as severance pay, retraining, and job placement support.
De Unie supports employees in the following ways:
- Negotiate: We negotiate a social plan on your behalf.
- Legal support: If you are affected by a reorganization, we will provide you (legal) advice and support you where possible.
- Advice on social plans: We check whether the agreements in your case are fair and feasible.
- Information provision: Our specialists will help you to gain insight into your own situation and rights.
The union always prefers to work with the works council during reorganizations. This allows for the most appropriate agreements to be made.
Check out our previous blogs on reorganizations and rights, such as our articles on rights and obligations upon dismissal.
Employees: strong together
Employees also have an influence on the organization. This can be done, for example, through informal discussions with management or by taking joint action in collaboration with the Works Council or union.
What can you do as an employee?
- Join De Unie to gain influence on the social plan and legal support.
- Enter into discussions with the works council. You and your colleagues also know a lot about the company, and your knowledge can also help with the advice of the works council.
- Inform yourself about your rights and obligations, for example via the UWV.
Your own role is often personal and specific. Important steps you can take:
- Inform yourself: Make sure you're aware of the plans. What are the implications for you?
- Request for clarification: If you have any doubts about your position, discuss them with your manager, HR, or the Works Council. The Works Council generally does not handle individual matters. However, you can certainly inquire with the Works Council about the impact of a reorganization on a specific position.
- Get help: Please contact De Unie for legal advice or support.
Do you feel like your situation isn't being handled fairly? Don't wait, but contact our Service Center at 0345 851 963 or sc@unie.nlDuring a reorganization, it's important to inform us as soon as plans are in place. The sooner we're involved, the better we can help you. Our specialists assess the situation and can take immediate legal action if necessary.
