Regulations Works Council Radboud University Nijmegen

Adopted by the Works Council on 21 December 1998, after consultation with the Executive Board. Last amended in February 2025 in agreement with the Executive Board.

In these regulations, you will read about the election, authorities and operating procedures of the Works Council.

Paragraph I Definitions

Article 1

For the purposes of these regulations, the following definitions shall apply:

Foundation: the Stichting Katholieke Universiteit, established in Nijmegen, being the entrepreneur as referred to in Article 1(1)(d) of the Act;
University: the of the Stichting Radboud Universiteit Nijmegen, being the company referred to in Article 1(1)(c) of the Act;
Law: the Works Councils Act;
Executive Board: the Executive Board of the University, as referred to in Article 3 paragraph 2 of the Foundation's Articles of Association, as director, as referred to in Article 1(1)(e) of the Act, represented by one of the members of the Executive Board;
Employee:
a.    those employed in the University under a contract of employment with the Foundation, as referred to in the CLA applicable to the University;
b.    those employed within the framework of the university's activities therein by virtue of a public law appointment with or under an employment contract with another entrepreneur;
c.    those employed under a contract of employment with the Foundation, as referred to in the CLA applicable to the university, in an enterprise maintained by another entrepreneur.
d.    those employed under a contract of employment with the Foundation, not falling under those referred to under a. to c., and appointed jointly by the Executive Board and the Works Council.
Employee organisations: the associations of employees referred to in Article 9(2)(a) of the law;
Committee: a committee set up by the Works Council.
Election date: the last day on which a vote can be cast electronically for the election of Works Council or Sub-Committee members.

Paragraaf II Election scheme

Article 2

The Works Council consists of 21 members, in accordance with Section 6(1) of the Works Councils Act (WOR). A member of the Works Council cannot also be a member of the University Student Council.

Right to vote and stand for election

Article 3

Eligible and eligible for election are employees working at the university on a reference date 6 months before the effective date of the legislature. Executive Board members are excluded from participating in the elections.

Preparation for election, nomination of candidates

Article 4

The organisation of the election of Works Council members rests with the Works Council. By establishing resolution, the Works Council shall establish a standing committee for the purpose of the election, hereinafter referred to as the election committee.
The Works Council determines the date of the elections after consultation with the Executive Board. The date of the election is no earlier than 16 weeks but no later than 2 weeks before the expiry of the outgoing Works Council's term.
The secretary of the Election Commission shall notify this date to the employees and the employee organisations. There shall be at least 15 weeks between this notification and the date on which the election is held.

Article 5

No later than 12 weeks before the election date, the Election Commission will prepare a list of employees working at the university who are eligible to vote or stand for election on the election date, respectively.
The personal details from the electoral register will be provided to the employee via e-mail on a date to be determined by the Election Commission thereafter. The Election Commission shall give timely public notice.
For 2 weeks after publication, any employee is entitled to request changes to these lists.
No later than 10 weeks before the election date, the Election Commission will notify employee organisations and employees of the opportunity to nominate candidates.
Nominations shall be made by submitting a list of one or more candidates to the secretary of the election committee. The latter shall issue a dated receipt, made out in the name of the person who submitted the list.
Candidate lists can be submitted until no later than 6 weeks before the election date.
Each list of candidates shall be accompanied by a written declaration of acceptance of candidature by each candidate appearing on it.
A candidate's name may appear on only one list of candidates.
Until no later than four weeks before the election date, candidate lists may be included in a list connection by submitting to the administrative secretary a written joint declaration to this effect by the authorised representatives listed on the lists. If a list connection is made

Article 6

The Election Commission examines whether the candidate lists submitted and the candidates appearing on them meet the requirements of the law and these regulations.
The Election Commission declares invalid a list of candidates that does not meet the requirements referred to in the previous paragraph and immediately notifies the person(s) who submitted the list in writing, stating reasons. For one week after this notification, there will be an opportunity to adjust the list to the set requirements.
The candidate lists will be announced to employees by the Election Commission no later than 4 weeks before the election date.

Article 7

If no more candidates are put forward than seats are to be filled, no election will take place and those put forward will be deemed elected.

Method of voting

Article 8

The election will take place by secret written ballot electronically.
Each eligible voter casts one vote.
1. For the purpose of electronic voting, an announcement shall be sent to eligible voters no later than the day before the voting period.
2. The announcement shall state at least:
a. OR and the OCs for which the elections are taking place;
b. the manner and days in which voting can take place.
During the election period determined by the polling station, voters in the given the opportunity to cast its vote via the ballot box provided for that purpose voice application.
Candidate lists are made visible electronically.
The voter casts his vote by completing the electronic ballot paper and sending thereof via the voting app.
The electronic election system records that the voter has a vote released.

Invalidation and calling new elections

Article 9

If irregularities have occurred in a vote and the Election Commission believes that these irregularities may affect the determination of the result of the election, the Election Commission may decide to declare the vote invalid.
In case the vote is declared invalid, the Election Commission shall call new elections as soon as possible.

Determination of results

Article 10

At the end of voting, the Election Commission shall determine the number of valid votes cast for each list of candidates and each candidate appearing on it.

Article 11

To determine the result of the election, the Election Commission calculates the electoral dividend by dividing the number of validly cast votes by the number of seats to be filled in the Works Council. If the electoral divisor is a fractional number, it is not rounded.
Subsequently, each list of candidates is allocated as many seats as the electoral fraction included in the number of votes cast for that list.
The remaining votes as well as the votes cast for a list that did not reach the electoral quota are considered surplus votes.
Seats that cannot be filled in the manner set out in the preceding paragraphs shall be allocated as residual seats consecutively to the lists or list compounds with the largest surplus votes. Within a list connection, the residual seat is in principle allocated to the list with the largest surplus of votes. In the event of an equal vote surplus of two or more lists, lots will decide which list gets a residual seat first.
The seats allocated to a list are allocated to the candidates on it who personally obtained more than half the electoral vote, being the next highest whole number of the half of the electoral vote, in order of the votes obtained by them. Any seats remaining after application of previous sentence are allocated to the remaining candidates in the order they appear on the list.
If a list cannot occupy all allocated seats and has entered into a list affiliation with another list, the unoccupied seats may be occupied by candidates from this other list. For the allocation of seats to candidates, the previous paragraph applies.
If a list affiliation is entered into with several other lists, the order of preference indicated when the list affiliation is entered into in accordance with Article 5, paragraph 7, shall apply for the purposes of the previous paragraph.
The results of the election are determined by the Election Commission and announced to the Executive Board, employees and employee organisations that submitted candidate lists.
If a candidate fails to confirm within 10 working days to take the elected seat, such designation shall lapse and the Election Commission shall appoint next candidate on the list, subject to the provisions of paragraph 5.

Objection scheme

Article 12

Any interested party may lodge an objection with the Works Council within one week to a decision of the Election Commission regarding:
a.    determining the date of the election and the times of the beginning and end of voting;
b.    the preparation of the list of eligible and eligible employees;
c.    the validity of a list of candidates;
d.    determining the results of the elections.
The Works Council shall decide on the objection without delay, taking such action as it deems advisable.

Article 13

The voting records will be kept by the secretary of the Election Commission for at least three months.

Paragraaf III Powers of the works council

Article 14

Without prejudice to the Works Council's powers laid down by law, the Works Council has the right of consent in respect of matters for which the CLA stipulates that further rules shall be drawn up in agreement with the Works Council, or the right of advice in respect of matters for which the CLA stipulates that the Works Council has advisory powers.

Paragraaf IV Workshop

Chair and administrative assistant

Article 15

The Works Council elects a chair, one or more deputy chairs and a secretary from among its members.
The chair, or in his/her absence the deputy chair, represents the Works Council in court.

Executive management

Article 16

The chair, his deputies and the secretary constitute the executive management. The Executive Management may be supplemented by other members of the Works Council.
The Executive Management is responsible for planning and coordinating the work of the standing committees and preparatory committees and implementing the Works Council's decisions.
The Executive Management may make provisions in urgent cases. The Executive Management is accountable to the Works Council in this regard.
If a member of the Executive Management is part of an organisational change or reorganisation, he/she should step down as a member of the Executive Management during the period the organisational change or reorganisation is under consideration by the OR.

Terms of office and interim vacancies

Article 17

Works Council members are elected for two years. They are eligible for re-election. The session year runs from 1 September to 31 August. A member's term of office ends prematurely upon termination of the contract.

Article 18

In the event of an interim vacancy in the Works Council, the Works Council shall appoint as successor to the member concerned the candidate who, according to the results of the most recently held election, is the first eligible on the list of candidates to which the member who caused the vacancy belongs.
If there are no candidates left on a list of candidates to fill the vacancy, the seat will be allocated to a list of candidates with which a list affiliation has been entered into ex Article 5(7) and subject to Article 11.
The appointment shall be made within one month of the occurrence of the vacancy. Notice of the filling of the vacancy shall be given to the Executive Board, the employees and the employee organisations that submitted candidate lists at the time of the election.
If there is no successor as referred to in the first paragraph, the seat will remain vacant until the next election.

Article 19

At her request, the Works Council shall grant a member a temporary resignation due to pregnancy and childbirth on the day specified in the request that is between no more than six and no less than four weeks before the probable date of childbirth corresponding to the leave taken with the employer. The membership of the member who has been granted temporary resignation shall automatically revive with effect from the day on which sixteen weeks have elapsed since the day on which the temporary resignation took effect.
The Works Council shall decide on a request for temporary dismissal as soon as possible, but no later than the 14th day after the request has been submitted, and shall inform the election commission informed. The decision will include the day on which the dismissal takes effect. The temporary dismissal shall be notified to the Executive Board.
In accordance with Article 17, the chair of the Election Commission appoints a replacement for the seat left vacant as a result of the temporary resignation. The person appointed as a substitute shall cease to be a member with effect from the day on which 16 weeks have elapsed since the day on which the temporary resignation took effect.

Early election

Article 20

If the number of vacancies exceeds four, the Works Council may decide to hold early elections for the entire Works Council.
If the early elections fall before the last legislative year, the term of office of the early elected members replaces that of the original members.
If the early elections fall in the last legislative year, the term of office is two years, plus the remaining part of the last legislative year.
The start of the term of office of the Works Council elected early takes place immediately after the applicable appeal period on the election results.

Meetings

Article 21

The Works Council shall meet in the following cases:
a.    according to a meeting schedule adopted by the Works Council, each time for the period of one year;
b.    at the chair's request;
c.    at the request of the executive management;
d.    at the reasoned request of at least 5 members.
In the cases referred to in b, c and d of paragraph 1, the chair shall determine the time and place of the meeting. A meeting at the request of Works Council members shall be held within 14 days of their request being received by the chair.
Convening shall be done by the secretary by written notification to the members. The notice to convene will be given at least 7 days before the meeting to be held, except in urgent cases.
A meeting can only take place if the majority of Works Council members, but at least 9 members, are present. The number of members in this case is set equal to the number of seats occupied.
In the absence of the chairperson and his deputies, the Works Council shall elect a chairperson for the meeting from among the members present.
Works Council meetings are open to the public unless the Works Council decides that the meeting or any part of it is closed or documents are of a confidential nature. In this case, it will be communicated which data are covered by confidentiality and for how long. This will be reported separately from the reporting of the public part and will only be sent to Works Council members.

Article 22

The secretary, in consultation with the other members of the Executive Management, prepares an agenda for each meeting. Any member of the Works Council may submit a proposal to the secretary to place an item on the agenda.
A member of the Works Council may make proposals at the beginning of a meeting regarding the agenda of items of an urgent nature.
The secretary announces the agenda to Works Council members, the Executive Board and employees. Except in urgent cases, the announcement shall be made at least 7 days before the Works Council meeting.

Voting

Article 23

The Works Council decides by a simple majority of votes. Blank votes and abstentions do not count in determining whether this requirement has been met.
Matters are voted on verbally and persons are voted on in writing.
If, in a decision relating to the appointment of a person, none of the candidates obtains a simple majority in the first ballot, re-voting shall take place between the two candidates who received the most votes in the first ballot. The person who obtains the most votes at that time shall be elected in this re-vote. If the votes are tied, lots will decide.
In the event of a tied vote on a proposal for a decision to be taken by the Works Council that does not relate to a person to be appointed, this proposal shall be tabled again at the next meeting. If the votes are then again tied, the proposal shall be deemed to have been rejected.

Reporting

Article 24

Under the secretary's responsibility, minutes of each meeting are made and sent to Works Council members for the next meeting. The report was adopted at that meeting.
Within 14 days of its adoption, the report is communicated to employees and the Executive Board. The report made known to the employees does not contain any information that requires confidentiality under the provisions of Article 20 of the Act.
Under the secretary's responsibility, a short report is made of each meeting, which is made known to employees and the Executive Board within 14 days at the latest.

Article 25

The secretary is responsible for preparing the annual report of the Works Council's activities in the past legislative year by September. The annual report requires Works Council approval.
The secretary shall make the annual report known to the members of the Works Council and its committees, the employees and the Executive Board as soon as possible after its approval by the Works Council. Furthermore, the secretary sends the annual report to the district head of the Labour Inspectorate and to the business committee.

Final provision

Article 26

In cases not covered by these regulations, the Works Council will decide.