4. Consultative statutes for research institutes

Table of Contents

Article 1 Definitions

  1. Collective labour agreement-RI: Collective labour agreement – Research Institutions
  2. WVOI: employers’ association for research institutes of which employers who are parties to the collective labour agreement for research institutes are members.
  3. Employees’ organisation: an association of employees with full legal authority, as intended under Section 1 of the Dutch Collective Labour Agreements Act.
  4. Employer: a legal person affiliated with the WVOI.
  5. Consultation at sector level: the consultation of the WVOI with employees’ organisations.
  6. Consultation at employers’ level: the consultation of the employer with the (central) works council.
  7. WHW: The Dutch Higher Education and Scientific Research Act.

Article 2 Guiding principles

  1. The consultation between the WVOI and the employees’ organisation(s) takes place in compliance with the WHW.
  2. The employees’ organisation as intended in article 1.3 includes persons amongst its members who are employed at the employer.
  3. At least three months prior to the expiry of the term of the collective labour agreement-RI the WVOI consults with the employees’ organisations with whom the collective labour agreement was concluded, regarding which employees’ organisations are invited for the bargaining for the subsequent collective labour agreement.
  4. This consultation statute is part of the collective labour agreement-RI.

Article 3 Consultation

  1. The consultation at sector level concerns the regulation of the legal position as referred to in Article 4.5 of the WHW and insofar as it relates to the personnel of the research institutions in the form of a collective labour agreement under the Collective Labour Agreement Act.
  2. The WVOI invites employees’ organisations for the collective labour agreement bargaining.
  3. The consultation takes place under the leadership of the chair of the WVOI.
  4. The secretary of the WVOI provides for the minute taking of the consultation.
  5. Experts can assist parties in the consultation. An expert is understood as a person who has knowledge, due to the profession or training, of the topic or process in respect of which the assistance is required. The parties shall inform each other of the expert that they want to involve in the consultation.
  6. If parties jointly want to consult an expert then they shall select an expert by mutual consent.
  7. In the consultations at sector level, it can be agreed that the regulation or further regulation of the legal position of the employees takes place in the consultations at employer level, without prejudice to the provisions of or pursuant to the WOR and other statutory regulations.
  8. The employers inform the employees’ organisations of proposed organisational changes and at least once a year of the general course of affairs at the individual employers, in particular regarding the development of the employment, the implementation of the arrangements laid down in the collective labour agreement and the social policy and foreseen development in the workforce.
  9. The employer invites the employees’ organisations that are parties to the collective labour agreement to agree on a social plan for coping with the staffing consequences of important organisational changes within the meaning of Article 25 of the WOR. The redundancy scheme does in any case contain a dismissal protection period of twelve months.

Article 4 Facilities

The employer provides the employee organisation(s) with facilities that they reasonably need to carry out work within the organisation of the employer. These facilities include the free use of rooms for members’ consultation, the use of copy facilities, publication boards and internal mail.

Article 5 OCW resources

  1. The OCW (Education, Culture, Science) resources for employees’ organisations, part of the lump sum of the employers, are annually paid to the employees’ organisation(s) that is (are) a party to the collective labour agreement, according to an allocation key to be agreed on with the said employees’ organisation(s).
  2. The amount to be paid out is indexed based on the derived consumer price index of Statistics Netherlands (CBS) in the previous year.
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