Being a member of the works council is more than a responsibility – it is also a legally protected position. The legislator wants to prevent an employer from pressuring or disadvantaging a works council member because of his or her employee participation work. Therefore, a special dismissal prohibition applies: the dismissal prohibition due to works council membership.
What does the dismissal prohibition entail?
Under Article 7:670 paragraph 4 of the Dutch Civil Code, an employer may not terminate an employment contract because of the fact that an employee is a member of the works council or another employee participation committee. This protection also applies during candidacy and up to two years after termination of works council membership. The purpose is clear: works council members must be able to perform their duties independently, without fear of dismissal.
When is dismissal still possible?
The dismissal prohibition is not absolute. Dismissal is possible if there is another, sufficiently compelling reason that is not related to the works council work. Consider business economic circumstances, poor performance, or a disrupted employment relationship. The employer must then demonstrate that the dismissal has no connection to the works council membership.
Review by the court
If the employer still wants dissolution of the employment contract, the subdistrict court will examine whether the request is related to the works council membership. If that connection exists, the court may not dissolve in principle. Only in exceptional cases – for example, in case of seriously culpable conduct by the works council member – can the court still terminate the employment relationship.
Practical example: Court of Appeal ‘s-Hertogenbosch 2023
In a 2023 case, the court of appeal ruled on a works council member who was dismissed due to a disrupted employment relationship. The key question: was the conflict related to his works council work? The court of appeal looked at the facts, including previous critical comments by the works council member towards management, but ruled that the dispute was mainly about cooperation and communication, separate from the employee participation work. Dismissal was therefore permitted, despite the dismissal prohibition.
What does this mean for your works council?
The dismissal prohibition offers strong protection, but is not a carte blanche against any dismissal. As a works council member, it is important to know when the dismissal prohibition applies, how you can invoke it, and what steps you can take in case of threatened dismissal. It is also useful for the works council as a whole to know these rules, so that members can do their work with confidence.
Increase your knowledge and protection
We regularly provide training on the legal position of works council members, including the dismissal prohibition and other legal protections. With practical examples and legal tips, we ensure that you as a works council stand firmly on your feet.
👉 View our training courses for Works Councils.
Do you want to discuss a concrete situation or know how the dismissal prohibition works in your case? Please contact us – we guide works councils and their members daily with legal questions and procedures.
