The lockdown prevents us from having physical meetings and consultations. However, postponing requests for advice is not always an option. What is the best way of digitally handling an advisory procedure as a Works Council or Director ('Bestuurder')?
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In various organisations that we support, the complex requests for advice have been postponed or delayed. These procedures require trust and the ability to talk to each other. And that is not easy to establish digitally.
However, the lockdown is taking much longer than anyone could have foreseen. Further postponement is not possible in certain cases. Reorganisations have to go ahead now. Divestments and cut-backs have to take place now. How do you handle this? We have set out some tips and points of interest.
from 'request for advice' to 'advice'
Under 'normal' conditions, the advisory process goes through a number of steps, from the Director's request for advice to the Works Council's final advice. Some steps are laid down in the Works Councils Act (WOR) (Dutch). Other steps stem from case law. And some of the other steps are recommended for careful completion of the process.
We know that after the request for advice has been submitted with the proposed decision of the management board, the Works Council should be able to examine the request for advice. After that, the request for advice requires at least one consultation meeting between the Works Council and the Director. The Works Council can then issue a piece of advice, and the Director will respond to it with an implementing decision ('what will I do with the advice of the Works Council?').
In practice, this often means there are several meetings. The parties will send each other letters/emails containing information, answers to questions and documents. The series of consultations and exchanges lead to the Works Council's advice and sometimes even to the adjustment of the opinion of the board of directors.
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