Binding opinion: quick and informal!
If you have a question or problem in the field of employee participation, submit it to one of the binding advisers at Pallas Employment Lawyers.
Even when the relationship between the Works Council and the employer is good, everyone is sometimes faced with an ongoing difference of opinion or even a dispute.
The Works Council is involved in making important decisions and enters into discussion on the topic with the employer. This works well in most cases, but experience shows that it is not always possible to resolve a difference of opinion. Examples include not only differences of opinion about a decision requiring advice or a decision subject to the approval of the Works Council, but also a difference of opinion about the question of whether or not the Works Council should be involved in the decision.
Employers and Works Councils can turn to Pallas Employment Lawyers for a resolution to such differences of opinion in a ‘binding opinion procedure’. A binding opinion is a special form of settlement agreement, and unlike arbitration has no formal statutory provisions. It is tailored to the specific circumstances. Parties can agree, for example, that the test of reasonableness and fairness should carry more weight.
This kind of dispute resolution is much quicker, more informal and can be fully confidential.
The binding advisers of Pallas Employment Lawyers have a great deal of practical experience and knowledge in the fields of employee participation and employment law. This practical experience includes the entire field of employee participation, from central Works Councils to local Works Councils, as well as the cooperation between the board of directors, supervisory board and Works Council in the so-called corporate governance triangle.
Working method
The ‘binding opinion procedure’ is a frequently used method for dispute resolution in the Netherlands.
In the case of a ‘binding opinion procedure’, clear procedural agreements are made first between the parties.
Both the Works Council and the employer can subsequently present their positions in writing in a transparent manner, with or without submission of enclosures.
The binding adviser provides the parties with the opportunity to explain their case orally at a hearing, unless the parties decide against this.
The parties can be represented by a (legal) expert, but that is not mandatory.
The written opinion is a binding decision, for both the Works Council and the employer.
Due to this working method, it is not necessary to hear a dispute in public proceedings at court. As a result of this, problems are settled quicker, more informally and confidential, which is beneficial to future cooperation and mutual relationships.
Costs and timeline
The binding opinion procedure is confidential The parties and the content of the procedure will not be disclosed.
The costs shall be borne by the employer. Clear agreements will be made about this in advance.
The ‘binding opinion procedure’ is a swift procedure that provides clarity quickly. In many cases, the entire ‘binding opinion procedure’, from the procedural agreements including the hearing right up to the binding decision, can be concluded within a few weeks. This is much quicker than a procedure at the Netherlands Enterprise Court at the Amsterdam Court of Appeal or Subdistrict Court.
Dispute resolution employee participation Pallas Employment Lawyers
- Quicker and more informal than at the Enterprise Chamber of the Amsterdam Court of Appeal or Subdistrict Court
- Binding decision by experienced binding advisers
- No public procedure, dispute remains confidential
- Costs borne by the employer
