Consent rights of the Works Council: influence on employment policies
Consent rights as a powerful instrument for influence
Consent rights give the works council direct influence over decisions that affect employees. In practice, however, challenges often arise. Policies may already be prepared or even implemented before the works council’s consent has been obtained, or consent is requested too late in the process. This can lead to tension, delays, and legal risks.
CouncilWorks supports works councils in understanding and strategically using consent rights. We focus not only on legal obligations, but especially on how consent rights contribute to careful decision-making and the effective functioning of the organization.
Contact us without obligation about support regarding consent rights
What do consent rights mean under the WOR?
Under the Dutch Works Councils Act (WOR), the works council has consent rights regarding policies and arrangements that directly affect employees. This means that a decision cannot be implemented without the works council’s approval.
Consent rights therefore differ fundamentally from advisory rights. While management may deviate from the works council’s advice (with proper justification), consent rights give the works council actual decision-making authority regarding the content of the arrangement.
For an independent explanation of consent rights and the WOR, we also refer to information provided by the Social and Economic Council of the Netherlands (SER).
What role do consent rights play in organizational change?
During organizational changes, consent rights often play a larger role than initially expected. Change processes frequently involve adjustments to existing policies or the introduction of new arrangements that directly affect employees.
When consent rights are used consciously and at the right time, the works council can help ensure that policies are workable, fair, and clearly explainable. This strengthens support for change, prevents unnecessary resistance, and reduces the risk that decisions need to be reversed at a later stage.
In practice, this requires careful preparation, alignment, and strategic choices. Consent rights are therefore not only a legal instrument, but also an important means of ensuring that change processes remain careful and manageable.
Examples include:
- Changes to working hours or scheduling arrangements
- Adjustments to performance evaluation or compensation systems
- Introduction or modification of absence and reintegration policies
- Agreements on remote or hybrid working
- Introduction of monitoring, control, or privacy-related policies
For which topics is Works Council consent required?
The WOR explicitly identifies several areas in which works council consent is required. These generally concern policies relating to:
- Working and rest hours
- Leave and vacation arrangements
- Compensation and performance evaluation systems
- Sickness absence and reintegration policies
- Training and development policies
- Privacy, monitoring, and employee data systems
If consent is not obtained and a policy is nevertheless implemented, this may have legal consequences. In such cases, the works council may seek a ruling from the court, which can result in the decision being reversed or amended.
For this reason, consent rights should not be addressed only at the end of a process, but should form an integral part of decision-making from an early stage.
Would your works council like to better understand when consent is required and how to handle this effectively in practice?
Frequently asked questions about consent rights
In that case, the policy or arrangement may not be implemented. If the organization proceeds anyway, the works council can challenge the decision. A court may then declare the decision invalid.
Yes. The works council may grant consent subject to certain conditions, for example when additional agreements are made or specific changes are implemented.
Only through the court can management request substitute consent. This is not granted automatically and must be well substantiated. In practice, such requests are granted only in limited circumstances.
Contact us for advice or guidance on Works Council consent rights
Consent rights give the works council a strong position, but effective use requires knowledge, timing, and strategic awareness. CouncilWorks supports works councils in applying consent rights effectively in practice.
Would you like clarity on when consent is required and how to use this right effectively? Contact CouncilWorks to learn more about consent rights and discover how we can support your organization.