2025 marked a special year for Dutch co-determination law: the Dutch Works Councils Act (WOR) celebrated its 75th anniversary. We wrote this blog about its development.
This year, articles 25 (right to be consulted) and 27 (right of consent) of the WOR were once again central in several court decisions. In previous blogs, we discussed the scope of the right to be consulted and the right of consent. In this annual review, we highlight the most significant 2025 rulings that further clarified these rights.
Right of Consent
Termination of Share Plan
A Dutch company, part of an international group, sought to terminate a share plan without the works council’s consent. The works council withheld its consent and declared the decision to terminate the plan void. The company then requested substitute consent from the subdistrict court. The Gelderland District Court ruled that the share plan constituted an employment condition, and its termination fell under Article 27 WOR. The fact that the decision was made by the parent company did not change this, as the parent’s decision directly affected the secondary employment conditions of a relevant group of employees. Substitute consent was denied because the works council’s refusal was not deemed unreasonable, especially given the lack of (additional) compensation.
Change to Bonus Scheme
In the appeal case of PPD/Thermo Fisher, the Hague Court of Appeal overturned the Rotterdam District Court’s decision that the transition from the...
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