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European-level Representation

It is the works councils who choose employee representatives from the Netherlands on bodies related to European Works Councils and European Companies, with clear a hierarchy running from the central works council to individual works councils.

European Works Councils

 

Dutch members of the special negotiating body (SNB) for the EWC are appointed, in order of priority, by the central works council (COR), if one exists; by the intermediate works council (GOR) or councils; or by the individual works councils (ORs). Where not all works councils are covered by the central or intermediate bodies, they should be included in the process. If there is no works council the employees themselves elect the members with unions having nomination rights. The legislation is silent on the possibility that non-employees could be chosen as members of the SNB.

 

The position is the same for members of an EWC set up under the fallback procedure in the annex to the directive, although here the legislation specifically states that only employees may be elected.

 

European Company

 

Dutch members of the special negotiating body (SNB) for the European Company are appointed, in order of priority, by the central works council (COR), if one exists; by the intermediate works council (GOR) or councils; or by the individual works councils. Where not all works councils are covered by the central or intermediate bodies, they should be included in the process. If there is no works council the employees themselves elect the members with unions having nomination rights. The legislation is silent on the possibility that non-employees could be chosen as members of the SNB.

 

The position is the same for members of the SE representative body (described in the Dutch legislation as a European Works Council) set up under the fallback procedure in the annex to the directive, although as with normal EWCs, the legislation states that only company employees may be members.

 

The same rules apply to the choice of employee representatives at board level coming from the Netherlands, although the legislation does not specify that they must be employees.

L. Fulton (2015) Worker representation in Europe. Labour Research Department and ETUI. Produced with the assistance of the SEEurope Network, online publication available at http://www.worker-participation.eu/National-Industrial-Relations.