When can the works council appeal to the Enterprise Division?

The works council can appeal a decision of the director, if:

• The advice of the works council was not followed up (completely) by the director
• The director did not consult the works council and the works council could not give advice (for instance, if the works council was not given sufficient information)
• After the advice of the works council facts and circumstances emerged that might have led to a different advice of the works council.

In order to a lodge an appeal a lawyer is required. If the Enterprise Division considers the appeal justified, the Enterprise Division can take the following measures:

• Order the director to withdraw the decision in whole or in part
• Eliminate certain effects of the decision
• Prohibit the director from performing actions to implement or have implemented (part of) the decision.