The government has proposed to generalize the veto right of works councils related to decisions on the pensions schemes. Currently, this structure’s prerogatives vary depending on the way the fund is managed (insurance, company…). The Ministry of Labour has formulated a request for advice on 20 March 2014 to the Social Economic Council (SER) . This tripartite body is the government’s main advisory body on works council issues and looks, among others, after the execution and enforcement of the Works Council Act (WOR).
According to Article 28 of the Dutch Works Council Act (WOR) and Article 23 of the Pension Act, a works council has to be consulted over any regulation relating to a pension scheme. This act gives the works council already a sometimes limited veto right over every proposed decision on the part of the entrepreneur to lay down, modify or withdraw an enterprise or sectoral agreement that belongs to the so-called second pillar of the pension system.
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