To support Works Councils in preparing the Works Council rules of procedure, the SER has created a Model Rules of Procedure. This has been updated and is now ready for use.
- klik hier voor de Nederlandse versie van deze tekst -
Every Works Council in the Netherlands must have rules of procedure. This is documented in the Works Council Act (WOR). Drafting such rules of procedure can be challenging. That is why the SER has created a Model Rules of Procedure that Works Councils can use to draft their own Works Council rules of procedure.
But what are the Works Council rules of procedure? What should it include? And how do the SER Model Rules of Procedure help you to complete it correctly? We want to provide answers to these questions.
What are the Works Council rules of procedure?
In simple terms, the Works Council rules of procedure document the administrative rules of the Works Council. How are meetings organised? How do you make decisions? How are the elections organised? It simply provides context for the proper and correct performance of the work of the Works Council. The Works Council rules of procedure must not conflict with the WOR, nor can they prevent the appropriate application of the WOR.
The Works Council rules of procedure can only be drawn up and adapted by the Works Council. No approval from the employer is required, but new or amended rules of procedure must be submitted to the employer in advance.
The rules of procedure are not regulated so that any Works Council can provide its own flavour, within the legal framework. The rules of procedure must, however, include certain mandatory subjects; there are also all sorts of additional subjects that you can add. You can also include things that are useful for your Works Council or your organisation.
The Works Council rules of procedure are mandatory, and the Works Council is obliged to comply with the provisions of the rules of procedure.
mandatory subjects in the Works Council rules of procedure
According to the Works Council Act, the rules of procedure must include at least the following subjects:
- the election procedure, including the nomination of candidates, the determination of results and fulfilment of interim vacancies (WOR Article 10) (Dutch)
- how the Works Council works, including the interpretation of meetings and communication about this within the organisation (WOR Article 14) (Dutch)
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