Employee Co-Governance

“To make a correct design of co-governance possible, it is very important to have good relations. ”

The Co-Governance team focuses on employee co-governance law within businesses and assists both employers/directors and Works Councils in the field of, inter alia:

Advisory Process

If the advice of a Works Council is sought, for example in the event of a projected reorganization of a company, it is of crucial importance that this advisory process is designed well, because it may affect the tenability of a decision. In principle, it is the primary responsibility of the employer/director that a careful advisory process is followed. The team has the in-depth legal knowledge to guide the director and the Works Council through this process smoothly. If the employer/director and the Works Council are unable to reach agreement, our team may, of course, also provide advice and assistance in legal proceedings before the Enterprise Section of the Court of Appeal of Amsterdam.

The Right to Consent

A right to consent exists if, for instance, a holiday scheme or remuneration scheme needs to be amended. If the Works Council withholds its consent, the employer/director will have to apply for substitute consent to the Subdistrict Court. In this process we naturally offer you advice and, if necessary, assistance in conducting legal proceedings.

Method of Operation

The method of operation of the Co-Governance team is characterized by a practical approach. Its expertise in these and other sectors allows the Competition team to give clients practical advice on how to limit competition-law risks and how to resolve disputes with competition authorities. The team does not shun legal proceedings, but always bears in mind that to make a correct design of co-governance possible in an enterprise, it is very important to have good relations. Sometimes, not sticking doggidly to a particular position but looking for a compromise to which all parties concerned can agree is the right way to go.

Chambers Europe 2014 – Employment

What the team is known for Highly regarded team with an excellent reputation for all aspects of employment law, receiving particular praise for its handling of employee co-governance matters involving works councils. Further areas of focus include dismissals, discrimination, data protection and employment issues affecting the flexible workforce. Acknowledged for its pragmatic and efficient approach.

Strengths (Quotes mainly from clients) “The lawyers are able to form an opinion quickly, and when they have done so don’t wrap it up in caveats and disclaimers. I like that they have a definite standpoint and stick to it.”

“The character of the firm is a unique selling point for us. It is a socially progressive firm, which works well for corporate clients, as well as counterparties such as unions and works councils. We find that this reputation really helps us in negotiations.”

Work highlights Advised VLM Airlines’ shareholder Cityjet on discussions with the works council concerning termination of part of its activities in the Netherlands.

Advised long-standing client Netherlands Railways (NS) on numerous employment matters, including negotiations with trade unions and works councils, and dismissal procedures.

Notable practitioners Inge De Laat focuses on the privacy-related aspects of employment law. Clients value her pragmatic attitude and clear and concise advice, with one stating: “She proactively offers advice on what we should or shouldn’t be doing. She does not sit on the fence, but gives you a definite position and direction.”

Clients recommend Chris Nekeman for his expertise on employee participation and collective labour agreements, where he is considered “really strong.” Clients appreciate his excellent communication skills and efficient approach.

Sources say Eva Knipschild “is very good at thinking on her feet,” adding: “She is also very sincere.” Clients enjoy working with her, enthusing: “She is approachable and pragmatic, and understands us through and through.”

Significant clients UWV, Nike, Reed Elsevier, Microsoft, TomTom.

Legal 500 EMEA 2014 – Employment

Kennedy Van der Laan handles a broad range of employment matters and recently advised Cityjet in relation to VLM Airline’s termination of certain activities in the Netherlands. Chris Nekeman advises on employee issues, Inge De Laat focuses on privacy matters and Eva Knipschild handles mediation work.

Bill to Amend the Dutch Works Councils Act Adopted

On 25 June 2013 the Dutch Senate approved the bill to amend the Dutch Works Councils Act (Wet op de Ondernemingsraden, "WOR"). This bill contains...

08 august 2013 

Prohibition of Termination for Members of Employee Participation Body

Section 7:670 of the Dutch Civil Code ('DCC') provides that an employer may not give notice of termination of an employment agreement with an...

24 june 2013 

Establishment of ERB Was Wrongly Not Awaited. Right to advise on reorganization.

Employee Representative Body An employer that operates an enterprise employing 10 to 50 employees is obliged to establish an employee representative...

30 may 2013 

Employer's Right to Inspect Employees' Mailbox Subject to Consent

Subdistrict Court of Amsterdam, 17 August 2012, LJN BX4940 The Facts The Department for Work and Income of the City of Amsterdam (‘DWI’) was...

28 march 2013 

Adversely Affecting Works Council Members

Adversely Affecting Is Prohibited Section 21 of the Dutch Works Councils Act (Wet op de Ondernemingsraden, "WOR") provides that the employer shall...

18 february 2013 

The Works Council's Right to Advise and Political Primacy

Enterprise Section, 31 October 2012, LJN: BY5619 The Facts On 27 March 2012, the executive committee of the Amsterdam South Urban District, a...

11 january 2013 

Dismissal Law Turned Upside Down: What Should You Know?

In their coalition agreement, the parties in government VVD and PvdA have indicated ‘the wish to reform dismissal law and to modernize unemployment...

17 december 2012 

Drastic Change of the Sickness Benefits Act

Sickness Absence Limitation Act and Incapacity for Work of Safety-Netters Underlying Idea of the Legislator A reliance on sickness benefits is...

17 december 2012 

The value of a Vacation Day

Subdistrict Court of Amsterdam 29 June 2012, LJN: BX1486 Employees do not always take all their vacation days and therefore, when they leave the...

29 october 2012 

The Right of the Works Council to Consent to a Profit-Sharing Scheme

Subdistrict Court of Amsterdam, 17 July 2012, JAR 2012/212 The Facts In 2002, a company introduced a bonus scheme in the form of an employment...

25 september 2012 

Summary Dismissal Due to Offer to Moonlight

Court of Appeal of Arnhem 31 July 2012, LJN: BX4601 One of the starting points of an employment contract is that work is performed in the...

25 september 2012 

Is It Allowed to Make a Conditional Summary Dismissal?

Court of Appeal of Leeuwarden, 27 March 2012 (LJN: BW0021) Summary dismissal is an exceptional form of giving notice, in which the employment is...

25 september 2012 

Pension-Related Dismissal Under The Age of 65

Supreme Court, 13 July 2012, (LJN: BW3367) Non-discrimination The principle of non-discrimination on the basis of age is a general principle of...

21 august 2012 

Agreements Between the Entrepreneur and the Works Council

Court of Appeal of ’s-Hertogenbosch 18 July 2012, case no. HV 200.103.257 The Facts The Works Council of Mercedes Benz and Mercedes Benz had a...

21 august 2012 

Employment Agreement Does Not Terminate by Operation of Law When Reaching the Pensionable Age

Subdistrict Court of Haarlem, 30 May 2012, JAR 2012/198 Position of the Employer The employer took the position, despite the absence of a provision...

21 august 2012 

Adoption of Business Plan Is No Policy

Court of Appeal of Amsterdam (Enterprise Section), 30 May 2012, LJN: WW7420 The right to advise as set out in Section 25 of the Dutch Works...

24 july 2012 

Always Reverse an Instant Dismissal Within Six Months?

Supreme Court, 22 June 2012 (LJN: BW5695) The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945...

24 july 2012 

Thorough Reform of Dismissal Law Planned

Plans on drastic modification of Dutch dismissal law and the Unemployment Insurance Act Background and Importance of Reform Plan On 18 June 2012,...

24 july 2012 

Works Council Elections: The Freedom of the Works Council to Classify Electoral Group

Court of Haarlem 10 April 2012, LJN: BW3952 The composition of the Works Council is determined by the outcome of Works Council elections. The...

24 july 2012 

Notice Period for Employer Doubles

Court of Appeal of Den Bosch, 4 March 2012, LJN: BW1040 Statutory Rules for Notice Period Pursuant to Section 7:672 of the Dutch Civil Code...

27 june 2012 

The Netherlands State Is Liable for Holidays Missed

Subdistrict Court of The Hague 6 February 2012, LJN: BV7318, BV7201, BV7212 Background In the Schultz-Hoff judgment of 20 January 2009, the...

29 may 2012 

Protection Against Dismissal for Contractors

Dutch Supreme Court, 9 December 2011 LJN: BT7500 The Facts In the period from 1978 until 1 June 2008 the contractor performed work for the TROS on...

28 march 2012 

The Works Council's Right to Advise When Changing the Legal Form of the Employer

Court of Appeal of Amsterdam (Enterprise Section), 10 November 2011, JAR 2012/8 Request for Advice The employer is a foundation that offers child...

28 march 2012 

Extra Power of the Works Council (Delegated by the Trade Union)

Subdistrict Court of Amsterdam, 14 November 2011, JAR 2011/302 The Facts Employment contracts between Telegraaf Media Groep N.V. (‘TMG’) and...

28 february 2012 

Civil Servant's Appointment Also Counts in Provisions on Succession of Fixed-Term Employment Contracts

Subdistrict Court of Enschede, 3 January 2012, LJN: BV0155 The Provisions on Succession of Fixed-Term Employment Contracts In principle, a...

28 february 2012 

Application for Rescission by Employee after Notice of Termination by Employer

Court of Utrecht, Subdistrict section, Utrecht location, LJN:BV0899 Dutch employment law has a dual dismissal system. When an employer wishes to...

28 february 2012 

Transfer of Undertaking: Permanently Seconded Employees Are Also Transferred

Court of Appeal of Amsterdam, 25 October 2011, LJN: BU1290 The Facts The personnel company Heineken Nederlands Beheer B.V. employs about 70...

31 january 2012 

Employer Has No Case: Excess of 30-Days Term After Sectoral Committee

Court of Appeal of The Hague, 29 November 2011, LJN:BU7160 The Facts On 15 September 2009, the employer requested the Works Council to grant its...

31 january 2012 

Amendment of the Collective Redundancy Notification Act

On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Ontslag, "WMCO") will be amended. What changes does this...

31 january 2012 

Polish Posted Truck Drivers Fall Under CAO Declared Generally Binding

Subdistrict Court of Venlo, 10 August 2011, JAR 2011/234 The Facts Mr. Nico Mooy is sole shareholder and director of Mooy Oost Europa Service B.V....

06 december 2011 

Freedom of Expression in Employment Law

Palomo Sanchez and others/Spain There have been proceedings between a Spanish company and four of its employees about the question of whether...

06 december 2011 

Bill to Reinforce Position of Temporary Workers

A bill is required to implement the objectives set out in Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on...

28 october 2011 

Application for Substitute Consent Because Of Refusal of Consent of the Works Council

Subdistrict Court of Rotterdam, 16 May 2011 (JAR 2011/251) The Facts In this case the Municipality of Rotterdam made use of a customer tracking...

28 october 2011 

Make Way for the Parody of Nijntje

A discussion of the judgment of the Amsterdam Court of Appeal of 13 September 2011, LJN BS 7825 In a case of principle the Amsterdam Court of...

30 september 2011 

The Applicability of the BBA to Employees Posted Abroad

Court of Appeal of Arnhem, 12 July 2011, LJN BR3312 The Facts An employee has been employed by an employer since 1 April 1989. The employee...

30 september 2011 

Implementation of a New Business Model and the Works Council's Right to Advise

Court of Appeal of Amsterdam (Enterprise Section), LJN: BR3116 The Facts An employer experiences negative effects from various developments on the...

30 september 2011 

Right of the (Central) Works Council to Litigate - there are more options than you think!

Subdistrict Court of Amsterdam, 23 May 2011, JAR 2011/215 The Facts The Telegraaf Media Groep N.V. (‘TMG’) is bound by the collective labor...

30 september 2011 

Works Council Should Have Awaited Sectoral Committee's Decision. Injunctive Relief Denied

Subdistrict Court of Haarlem, 11 May 2011, LJN BQ4752 The Sectoral Committee In the Dutch Works Councils Act ("WOR" ) it is stipulated that every...

26 july 2011 

Ex Tunc or Ex Nunc Examination in Cases of Manifestly Unreasonable Dismissal?

Dutch Supreme Court, 8 April 2011, LJN BP4804 Until recently, the starting point for proceedings concerning manifestly unreasonable dismissal was...

26 july 2011 

Agreeing a Non-Competition Clause In Writing

Court of Appeal of Leeuwarden, 22 February 2011, JAR 2011/89; Court of Appeal of Amsterdam, auxiliary location Arnhem, 25 January 2011, JAR 2011/149;...

30 june 2011 

Right to Information

LJN: BQ4821, Enterprise Section of the Court of Appeal of Amsterdam, 200.085.372/01 Connexxion performs transport services in the Netherlands,...

30 june 2011 

Breach of Duty to Provide Employees with Information in a Transfer of Undertaking

Court of Appeal of Leeuwarden, 26 April 2011, LJN BQ4843 Provision of Information to Employees in a Transfer of Undertaking Pursuant to the...

30 june 2011 

Do Provisions of a Former CAO Have an Effect on the Employees Involved When Another Minimum CAO Has Become Applicable?

Supreme Court, 8 April 2011, LJN: BP0580 On the basis of the Collective Agreements Act (Wet op de collectieve arbeidsovereenkomst (‘WCAO’)),...

27 may 2011 

Suspension and Ceasing to Pay Wages During Illness; an Important Difference

Court of Appeal of Leeuwarden, 29 March 2011, LJN BQ0686 The continued payment during illness has been regulated in Section 7:629 of the Dutch...

27 may 2011 

Trade Union and Works Council No Interested Parties within the Meaning of Section 36(2) WOR in Claim to Cease Consultations with 'Former' Works Council

A discussion of the judgment of the Court of Eindhoven in preliminary relief proceedings, Subdistrict Section, of 21 December 2011, JAR...

29 april 2011 

Duty of Care in Employee Co-Governance Procedure Lies with the Employer

Court of Appeal of Amsterdam (Enterprise Section), JAR 2011/11 Recently, a dispute was presented to the Enterprise Section about the question of...

24 february 2011 

Albron The Transferor the Employment Relationship and the Principle of Protection

Is an employee who is employed by a staff entity and seconded to an operating company transferred by operation of law if (a part of) the activities...

31 january 2011 

Continuation of Employee Co-Governance in the Event of Transfer of Undertaking

European Court of Justice 29 July 2010, JAR 2010/217 Transfer of Undertaking and the Works Council In the event of a transfer of undertaking there...

03 december 2010 

Decision Manifestly Unreasonable: Outsourcing More Expensive than Existing Situation

Court of Appeal of Amsterdam (Enterprise Section), 12 July 2010 The Ministry of Public Housing, Spatial Planning and the Environment ("the...

30 september 2010 

Works Council’s Right to Consent for Individual Decision Possible as an Exception

A discussion of the judgment of the Court of Appeal of Amsterdam, 9 March 2010 LJN: BN1325 Right to Consent of Works Council Regarding Appointment...

30 august 2010 

Unconditional Request for Consent Creates a Non-Statutory Right to Consent

A discussion of the judgment of the Subdistrict Court of Utrecht (in preliminary relief proceedings), 15 February 2010, JAR 2010/63 The Facts An...

16 july 2010 

Concept of 'Working for the Undertaking' of the WOR

Court of Amsterdam (Subdistrict section, Court in preliminary relief proceedings), 1 March 2010, JAR 2010/94 In Section 12 of the Works Councils...

25 june 2010 

A manifestly unreasonable decision?

Enterprise Section of the Court of Appeal of Amsterdam, 10 December 2009, JAR 2010/36 Right of Appeal of the Works Council The right of appeal as...

29 march 2010 

Consent to a Change of Employment Conditions

A discussion of the judgment of the Supreme Court dated 12 February 2010, LJN: BK3570 Consent to a Change of Employment Conditions The question at...

29 march 2010 

Cabinet's Position on Employee Co-Governance

During the past period the Cabinet has considered employee co-governance and how this has to be given shape in the Works Councils Act (Wet op de...

26 february 2010 

Resolution to Dismiss Director May Be Annulled Due To 'Violation' of Director's Voting Right?

A discussion of the judgment of the Dutch Supreme Court of 22 December 2009, NJ 2010/16; JAR 2010/20 The Facts S. was appointed director of HGIH...

26 february 2010 

Violation of SER Merger Code. Trade Unions Notified Too Late

A discussion of the judgment of the Merger Code Adjudication Committee, 22 October 2009 The SER Merger Code 2000 The SER Merger Code 2000 ("SMC...

26 january 2010 

Transfer of Undertaking - Information and Privacy Aspects

Recently the Dutch Supreme Court rendered a judgment addressing the scope of the obligation to provide employees with information in the event of a...

01 october 2009 

New Employer after Bankruptcy is a "Subsequent Employer"

Judgment of the Supreme Court Recently, the Dutch Supreme Court has ruled in the Boekenvoordeel/Isik case that the new employer who takes over the...

01 may 2007 
Chris Nekeman

Chris Nekeman

Attorney, Partner

  • Chris Nekeman http://kvdl.nl/en/our-people/chris-nekeman/ Attorney, Partner +31 20 5506 676 chris.nekeman@kvdl.nl
  • Ester Damen http://kvdl.nl/en/our-people/ester-damen/ Attorney +31 20 5506 667 ester.damen@kvdl.nl http://www.linkedin.com/pub/ester-damen/2a/a36/6b7
  • Eva Knipschild http://kvdl.nl/en/our-people/eva-knipschild/ Attorney, Mediator, Partner +31 20 5506 840 eva.knipschild@kvdl.nl http://nl.linkedin.com/in/evaknipschild