Cindy advises national and international entrepreneurs and employers.
cindy.ting@russell.nl +31203015555An amendment to the Working Conditions Act requires employers to consult the Works Council on health and safety policy with effect from 1 July 2026. What issues are involved? What other rights does the Works Council have regarding working conditions?
As of 1 July 2026, the Working Conditions Act (Arbowet) has been amended. Employers are now obliged to consult employees on health and safety policy and its implementation. Previously, the Working Conditions Act stipulated that employers and employees had to ‘cooperate’ in implementing health and safety policy.
The obligation to consult employees applies to all organisations, regardless of their size or whether they have a works council. The aim is to enable employees to have a say in measures that affect their health and safety at work.
The legislative amendment provides a good reason to summarise the works council’s current rights regarding health and safety policy, as the works council already possessed rights in this regard.
Employees must be consulted on all matters that affect working conditions within the company. These include, at a minimum:
Works councils may now use these topics as a checklist during consultations with the employer.
Most of these topics also fall within the works council’s right of consent. From now on, the employer must not only give the works council the opportunity to assess the request for consent, but must also consult the works council before drawing up, amending or revoking the health and safety policy.
Under the amended Health and Safety at Work Act, employees now have the right to make their own proposals and give advice on healthy and safe working practices.
If there is a works council or employee representative body within the company, the employer must consult them. If there is no works council or employee representative body, the employer must consult the employees concerned directly.
If an employer fails to involve employees in health and safety policy, this may be regarded as a breach of the law from 1 July 2026. The Netherlands Labour Authority may take enforcement action against this and impose a fine.
As a result, the works council no longer needs to take the matter to the subdistrict court if the employer refuses to consult the works council on working conditions. The works council can instead call upon the Netherlands Labour Authority, which may issue a compliance order or impose a fine if consultation has not taken place.
Would you like to know more about the rights of the works council? Or do you have any other questions about the works council and employee participation? The specialists at Russell Advocaten will be happy to assist you. Please contact us:
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