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Works Council Act
Chapter 5a. Participation in small-scale enterprises |
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WCA: Section 35b. Participation in the 50-minus enterprise without a Works Council or representative body |
- The entrepreneur maintaining an enterprise in which as a
rule a minimum of 10 persons but fewer than 50 persons are employed and
for which no Works Council or representative body for its employees has
been set up, shall be obliged to give the persons employed in
this enterprise the opportunity of meeting at least twice each calendar
year. He shall, moreover, be obliged to arrange a meeting with the
persons employed in the enterprise when a minimum of one quarter of
them submits a request to this effect supported by reasons.
- In the meetings referred to in paragraph 1 those matters
concerning the enterprise shall be discussed on which the entrepreneur
and the staff employed in the enterprise consider it desirable to
consult. Each person employed in the enterprise is entitled to make
proposals and to make known his point of view on these matters.
- If the entrepreneur does not manage the enterprise himself
the consultation shall be conducted for him by the director of the
enterprise. If the entrepreneur and the director are unable to attend
they can be replaced by a person employed in the enterprise who is
authorized to conduct consultations with employees on behalf of the
entrepreneur.
- The general conduct of the enterprise's affairs shall be
discussed at least once a year in the meetings referred to in paragraph
1. To this end the entrepreneur shall provide general, oral or written,
information on the activities and the results of the enterprise in the
preceding year and on his expectations of the same in the coming year.
Insofar as the entrepreneur is obliged to lay his annual accounts and
annual report open for public inspection, copies of these annual
documents in Dutch shall be submitted for discussion to the persons
employed in the enterprise. The entrepreneur shall, in addition,
provide general, oral or written, information about the social policy
which he has conducted and will conduct with regard to the work force
in the enterprise.
- The persons employed in the enterprise shall be given the
opportunity by the entrepreneur, in a meeting as referred to in
paragraph 1, to make recommendations about each of the entrepreneur's
proposed decisions which may lead to loss of jobs or to major change in
terms of employment or working conditions for a minimum of one quarter
of the enterprise's work force. The recommendations shall be requested
at a time which will enable them to have a significant impact en the
decision that is taken. The obligation referred to in the first
sentence shall not apply if and insofar as the substance of the matter
in question has already been regulated for the enterprise in a
collective labour agreement or in an arrangement drawn up by a public
body.
- The
entrepreneur is obliged, on request, to provide the persons working in
the company with all information and data concerning the employment
condition pension that they reasonably require for the meetings
referred to in the first paragraph. The information or data will be
provided in writing, if the entrepreneur has it available in writing.
- The
entrepreneur is obliged to inform the persons working in the company as
soon as possible about any intended determination, amendment or
withdrawal of an implementation agreement as referred to in Article 1
of the Pensions Act or an implementation regulation as referred to in
section b of the definition of implementation regulations in Article 1.
of the Pensions Act. The information is provided in writing, if the
entrepreneur has the information available in writing.
- The obligations referred to in the preceding paragraphs
shall not apply to individuals who have not been working in the
enterprise for more than six months. They shall lapse when the
entrepreneur, in applying Section 5a,
sets up a Works Council, but they shall come into to force again when
Works Council legally ceases to exists on account of Section 5a
paragraph 1 or is dissolved, pursuant to the second paragraph of that
section.
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Toelichting op dit artikel |
Versie:  Vrijwaring |
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