Why the Works Council?
Employers are required by the Working Conditions Act to take measures to prevent psychosocial workload (PSA) at work. PSA refers to stress caused by undesirable behavior (such as bullying, aggression, discrimination, and sexual harassment) and excessive work pressure. The works council has a duty of care and must monitor compliance with working conditions, including social safety (Article 28 of the Works Councils Act (WOR)).
The works council acts as the linking pin between employees and the employer and has a deep understanding of the issues within the organization.
What Can the Works Council do?
- Right of initiative (Article 23 WOR): This is a useful tool to bring a topic like social safety to the employer’s attention. For example, by putting it on the agenda for consultation meetings, proposing policies, or tightening existing policies.
- Right of approval: The works council has the right to approve all changes to working conditions, including the Risk Inventory & Evaluation (RI&E) and the action plan.
- Right of approval for the appointment, position, and dismissal of a confidential advisor.
- The works council can identify signs of social insecurity and refer colleagues to the confidential advisor or inform them about internal complaints procedures and codes of conduct.
A works council that advocates for social safety takes a powerful step toward fostering a work culture where everyone feels heard, seen, and safe.
Questions?
Do you have further questions? Contact Jan-Pieter Vos, Attorney at law Employment & Employee Participation, or Barbara van Dam, Paralegal Employment & Employee Participation.
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