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The Dutch system of workers' participation

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Article

Cremers, Jan

Revue de droit comparé du travail et de la sécurite sociale

2018

4

100-107

workers participation ; works council ; corporate governance ; social dialogue ; Dutch model ; history

Netherlands

Workers participation and European works councils

English

Bibliogr.

"The contribution, the Dutch system of workers' participation, describes the main architecture of the institutionalised system of workers' representation in the Netherlands. In the after WWII-period, the Dutch legislator and the social partners have developed a conventional and regulatory frame that defines and recognises the partners at company level, provides minimum requirements for a dialogue and promotes the negotiations in the shadow of the law. The contribution focusses on three main forms of representation, respectively the work of trade unions at plant level, the rights and competences of works councils and the employee board level representation. The author concludes that the representation in the two-tier supervisory board is much weaker than in countries like Germany, Austria, or Sweden. However, the works council system is well-advanced and equipped with rather strong competences, based on consultation and consent rights on items and policies that are often decided in other countries at the level of the supervisory board. Trade unions tend to rely on the direct participation in the board in situations of high urgency, whilst the daily matters are dealt with in works councils. If the choice has to be made between strengthening the position of works council in codetermination or broadening of the supervisory board towards more workers' participation, the trade unions have so far clearly opted for the first option"

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