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Works Council Act
Chapter 6. Rulings on disputes
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WCA: Section 36. Rulings on disputes

  1. Each party concerned may request the Cantonal Court to rule that the entrepreneur or the Works Council must comply with everything stipulated by or pursuant to this Act, with regard to the setting up and maintenance of a Works Council, the drawing up of a provisional or a definitive Works Council code of regulations, the nomination for and the election of the members to the Works Council, as well as with regard to the provision of agendas and reports in connection with meetings, insofar as these matters depend on the entrepreneur or the Works Council.
  2. The Works Council and the entrepreneur may request the Cantonal Court to rule that the entrepreneur or the Works Council must comply with everything stipulated in or pursuant to this Act, insofar as these matters depend on the entrepreneur or the Works Council.
  3. A petition to the Cantonal Court in connection with the compliance to Section 25, in respect of any decision referred to in that Section, shall be declared inadmissible, if it emerges, that either prior to or after submitting such a petition against that decision, the Works Council submitted an appeal to the appeal court's Companies Chamber at the Court in Amsterdam.
  4. A petition to the Cantonal Court on the basis of Section 27, paragraph 4 and 6 will not be admissible, if with regard to this matter an institute has been proceeded, as is referred to in the Working Conditions Act ("Arbeidsomstandighedenwet").
  5. In its findings the Cantonal Court may order the entrepreneur or the Works Council to carry out or refrain from carrying out certain actions. The entrepreneur is bound to abide by any such order. Should the Works Council fail to abide by any such order, the Cantonal Court may dissolve the Works Council, subject to obliging that Works Council to have a new Works Council elected. Should the Works Council remain in default, then the Cantonal Court may authorize the entrepreneur to have a new Works Council elected. .
  6. The previous paragraphs are likewise applicable with regard to compliance with everything stipulated in or pursuant to this Act, in connection with a Central Works Council or a Group Works Council.
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