Chapter V A Employee participation in small enterprises

Article 35a

(No longer in force)

Article 35b

  1. In the case of an enterprise in which there are normally at least 10 and fewer than 50 persons working and for which no Works Council or employee representative body has been established, the entrepreneur shall give the persons working in the enterprise an opportunity of meeting with him at least twice each calendar year. He shall also convene a meeting with the persons working in the enterprise when at least one quarter of them submit a request to this effect together with a statement of their reasons for making the request.
  2. At the meetings mentioned in paragraph (1), any matters concerning the enterprise that the entrepreneur and the persons working in the enterprise deem it desirable to discuss may be raised. Any person working in the enterprise may make proposals concerning such matters and to express a point of view on them.
  3. If the entrepreneur does not manage the enterprise himself, consultation meetings shall be conducted for him by the director of the enterprise. If the entrepreneur or the director are unable to attend, they may arrange for a person working in the enterprise who is authorised to conduct consultation meetings with employees on behalf of the entrepreneur to deputise for them.
  4. The general operation of the enterprise shall be discussed at least once a year at the meetings mentioned in paragraph (1). To this end, the entrepreneur shall provide, orally or in writing, general information about the activities and the financial results of the enterprise in the preceding year and about his expectations regarding the same for the coming year. Insofar as the entrepreneur is obliged to make his annual accounts and annual report available for public inspection, copies of these annual documents in Dutch shall be submitted for discussion to the persons working in the enterprise. The entrepreneur shall also provide, orally or in writing, general information about the social policy that he has pursued and intends to pursue with regard to the persons working in the enterprise.
  5. The entrepreneur shall give the persons working in the enterprise an opportunity, in a meeting as mentioned in paragraph (1), to render advice about any proposed decision on the part of the entrepreneur that may lead to a loss of jobs or to major changes in the terms of employment or working conditions of at least one quarter of the persons working in the enterprise. This advice shall be sought at a time when it can still significantly affect the decision to be taken. The obligation mentioned in the first sentence shall not apply if and insofar as the substance of the matter has already been regulated for the enterprise in a collective labour agreement or in an arrangement relating to terms of employment laid down by a body under public law.
  6. The obligations mentioned in the preceding paragraphs shall not apply to persons who have been working in the enterprise for less than six months. The said obligations shall not apply if the entrepreneur has established a Works Council in accordance with Article 5a, but shall reapply when the said Works Council automatically ceases to exist pursuant to Article 5a, paragraph (1), or is dissolved pursuant to Article 5a, paragraph (2).

Article 35c

  1. In the case of an enterprise in which there are normally at least 10 and fewer than 50 persons working and for which no Works Council has been established, the entrepreneur may set up an employee representative body [personeelsvertegenwoordiging] consisting of at least three members who are elected directly by secret written ballot by and from among the persons working in the said enterprise.
  2. At the request of the majority of the persons working in the enterprise, the entrepreneur shall set up an employee representative body as mentioned in paragraph (1).
  3. If paragraph (1) has been implemented, Article 5a, paragraph (2), third and fourth sentences, shall apply mutatis mutandis. The following articles shall also apply mutatis mutandis: 7; 13; 17; 18, paragraphs (1) and (2); 21; 22, paragraphs (1) and (3) and (insofar as legal costs are concerned) paragraph (2); 22a; 27, paragraph (1) (b) (insofar as an arrangement on working hours is concerned), paragraph (1) (d), and paragraphs (3), (4), (5) and (6); 31, paragraph (1); 32; 35b, paragraphs (4) and (5) (with the exception of the working conditions mentioned in the latter paragraph); and 36.
  4. The entrepreneur shall submit in writing to the employee representative body any proposed decision as mentioned in Article 27 paragraph (1) (b) (insofar as an arrangement relating to working hours is concerned) and (d). The entrepreneur shall include a summary of the grounds upon which his decision is based and the consequences it may be expected to have for the persons working in the enterprise. The employee representative body shall not take a definitive standpoint on the proposal until it has been discussed with the entrepreneur at least once at a consultation meeting. As soon as possible after the said consultation meeting, the employee representative body shall notify the entrepreneur in writing of its standpoint, stating the grounds upon which the standpoint is based. As soon as possible after the employee representative body has made its standpoint known, the entrepreneur shall inform the representative body of the decision he has taken and the date upon which this decision will take effect.
  5. The employee representative body may, with the permission of the entrepreneur, institute committees or invite experts. With regard to the invitation of experts, if the expert receives no remuneration or if any costs incurred are paid by the employee representative body from the sum mentioned in Article 22, paragraph (3), the entrepreneur’s permission shall not be required. In the event that the entrepreneur gives permission for an expert to be consulted, any costs thereby incurred shall be borne by the entrepreneur.
  6. Information and data submitted to the employee representative body that in accordance with Article 31, paragraph (1), should be provided in writing may also be provided by the entrepreneur orally.

Article 35d

  1. In the case of an enterprise in which there are normally fewer than 10 persons working and for which no Works Council has been established, the entrepreneur may set up an employee representative body as mentioned in Article 35c, paragraph (1).
  2. The following articles shall apply mutatis mutandis: 5a, paragraph (2), third and fourth sentences; 7; 13; 17; 18, paragraphs (1) and (2); 21; 22, paragraphs (1) and (3), and (insofar as legal costs are concerned) paragraph (2); 22a; 27, paragraph (1) (b) (insofar as an arrangement relating to working hours is concerned) and (d), paragraphs (3), (4), (5) and (6); 31, paragraph (1); 32 and 36.
  3. Article 35c, paragraph (4), shall apply mutatis mutandis; and Article 35c, paragraphs (5) and (6), shall apply.