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Employee participation law

The law states that employees have the right to co-determination within the company through a so-called works council (OR). A company with at least 50 employees is obliged to establish a works council. For a company with fewer than 50 employees, this obligation does not apply and a staff representation or staff consultation may suffice.

Right to advice and consent

If, as an entrepreneur, you want to take important decisions within your company, the Works Council has an advisory right. Important decisions include: transfer of control, mergers or reorganisations, downsizing or expansion of operations, moving location and making major investments. In the field of employment conditions, such as working hours, holiday arrangements, job evaluation and training, the works council does not have an advisory right, but does have a right of consent.

European Works Council

International companies also have to deal with a European Works Council. This cross-border employee participation body has a special role and powers. These are often very specific employment law issues. Because many of our entrepreneurial clients have dealt with this before, Fruytier Lawyers in Business is also experienced in international employment law. The lawyers at Fruytier Lawyers in Business can advise you on all aspects of co-determination law, both within and beyond our national borders, and will be happy to help you in this complex matter.

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