Ondernemingsraad Elections
What is an Ondernemingsraad (OR)
An Ondernemingsraad is a group of employees within an organization whose purpose is to represent the needs and wishes of all employees of the company. They participate in the decision-making process about business goals, organization and they are the main point of contact between staff and executive management.
What does an OR do?
As stated above, the main task of the ondernemingsraad is to function as the main point of contact between employees and employers. They can give advice to assist the decision-making process in cases such as:
Re-organisation or mergers
Changes in working times.
Implementation of recent technology platforms or work processes
Changes in company rules and regulations
Alongside this, they engage in topics such as workplace safety, working conditions and staff policy. In short, they represent employees so that their interests are considered in any decisions affecting them.
What are the advantages of an OR?
A well-functioning OR benefits both the company and the employee.
For the employees
It means that their voices will be heard by management and that their interests are represented when the company makes important decisions.
For the company
It creates a platform that ensures that employees feel more involved and responsible for the company.
The overarching advantage of a well-functioning OR is that it can contribute to a better working environment, increase the feeling of belonging and help to avoid work-related conflict. The OR acts as a bridge between employers and employees so that issues can be addressed before they become insurmountable.
Establishment of the OR
The election committee will prepare the initial OR regulation document. The first task of the OR will be to tailor this document to their requirements.
The OR regulation document will contain:
The details of the election procedure.
In which cases the OR must arrange a meeting to fulfil their role in staff representation.
The manner in which they call an OR meeting.
The number of members who must be present in a meeting in order to fulfil quorum requirements.
How voting happens and proportion of votes required for a decision.
The provision of the secretariat.
The method of informing all stakeholders about OR meetings and the distribution of meeting agendas.
The minimal time (no less than 7 days) prior to an OR meeting that all stakeholders are to receive the meeting agenda. In an emergency, this time can be reduced.
The format of OR minutes and yearly reports and the method and timing for providing these information documents to all stakeholders in the company.
The election committee will also arrange the elections, with the following guidelines:
Voting must occur using a confidential method. S[&]T has designed an online voting system for this purpose
To best represent all staff. The S[&]T OR should consist of one member from each business line. Therefore, there will be 5 members.
Space [&] Science
Defence [&] Security
Environment [&] Sustainability
- High-Tech Consulting
- G&A
Every employee who has worked at S[&]T for 3 months or longer is expected to vote for 1 candidate per business line. This means that each employee will vote for 5 candidates. This is known as a “personenstelsel met kiesgroepen”, directly translated as personal system with electoral groups.
The OR regulations will document the procedure for communicating the results of the election. This information must include the number of votes per candidate.
Who can apply for the OR?
The basic requirement for potential members of the OR is that they are over 18 years of age and have been employed by the company for more than a year. The reasoning behind this is that they are then considered to have enough experience, both personally and professionally to represent their colleagues.
It is recommended that HR are not eligible for membership as the nature of their work involves close contact with management and they are involved directly in decision-making of employees working rules and conditions. This is seen to result in a conflict of interest.
Employees who are also members of the management team are in principle not allowed to take part in the OR, as this could again cause a conflict of interest due to their role in decision-making and (perceived) loyalty to company owners.
Managers who are not involved in the management team, such as team leaders, can be elected as part of the OR, depending on the hierarchical culture within the company. If they are seen as too detached from the interests of the average employee or too close to the management team, it is not recommended.
Important to note that all employees employed for 3 months or longer by the company have the right to vote.
What rights and influence does the OR have?
The OR has various rights and influence within a company. These include:
The right to advise.
If important decisions are to be made, regarding a reorganisation or merger for example, the employer must first ask the advice of the OR before any decisions are made.
The requirement for OR agreement to decisions.
If any changes are to be made to employee working conditions, the company must first have the agreement of the OR before implementing the change.
The right to initiate.
The OR has the right to initiate topics, regarding the improvement of working conditions, for discussion/decision to the management team.
The requirement to be informed.
The employer is required to inform the OR about any situations/information affecting the company. For example, the financial situation or company strategy and planning.
What are the obligations of an OR?
Obligation to confidentiality.
OR members will sometimes be exposed to confidential information that they are not allowed to share. Therefore, they need to sign an NDA before they can start their work.
Obligation to meetings with Directors and Staff.
It is the responsibility of the OR to regularly have meetings with company directors and staff, to fulfil their role.
Obligation to representation.
It is vital that the OR represents the interests of all staff in an honest and adequate manner.
What is an OR Committee?
The OR can choose to establish committees for specific topics and this committee can replace the OR in discussions about the topic.
The committee can only be established after the employer has received a written confirmation of the topic, authority and the process the committee will follow.
The employer can refuse the committee, but the OR has the right to bring the refusal to the magistrate for a decision.
What advantages does membership of the OR have?
Remunerated hours
Members of the OR are allowed to conduct their meetings during working times and to use the employer’s premises to have these meetings for a minimum of 60 paid hours per year.
Training
The employer is obliged to pay for the training and training days of OR members.
OR members have a right to 5 days of training per year.
Committee members have a right to a minimum of 3 days of training per year.
Members who belong to both the OR and a committee are entitled to a minimum of 8 days of training per year.
Protection from Dismissal and negative treatment in relation to their OR work more details
Due to the nature of their work, OR members need to feel safe to speak their mind to directors, even if their opinion conflicts with that of the employer. Therefore, members of the OR and their committees are protected from dismissal and negative treatment resulting from their work representing staff.
OR and committee members are protected from dismissal for up to 2 years after the end of their membership. There are some exceptions to this rule, such as immediate dismissal for conduct issues at work and reaching the end of a temporary contract. Should the employer wish to dismiss an OR member, they may bring their case to the magistrate to overturn the decision or to enforce a suitable compensation.
OR and committee members are also protected from any negative treatment because of their work for the OR. Again, they can bring a case to the magistrate for decision, should they feel that this has been the case.