The revised European Works Council (EWC) Directive has been adopted and Member States are required to transpose the Directive into national law by 1 January 2028, with most provisions expected to apply from 2 January 2029.

On 18 June 2026, the Dutch Ministry of Social Affairs and Employment commenced an internet consultation on the bill that implements the revised Directive (EU) 2025/2450 as regards the establishment and operation of European Works Councils (Wet implementatie herziene EU-richtlijn Europese ondernemingsraden, the Bill). The consultation runs until 7 August 2026.

The Bill states that it follows a pure implementation approach and does not introduce national gold-plating. The key Dutch implementation choice concerns enforcement instead of penalties. The bill aligns enforcement with the existing system by giving the Enterprise Chamber of the Amsterdam Court of Appeal (Ondernemingskamer) a central role. Where there has been a defect in information or consultation, the Enterprise Chamber may order the undertaking not to implement a decision until the European Works Council (EWC) has been properly informed and consulted. The explanatory memorandum states that this is intended to provide an effective enforcement mechanism. A civil-law penalty payment is considered insufficiently effective where the EWC has no legal personality. The government considered alternatives such as fines imposed by the Enterprise Chamber, administrative enforcement and granting legal personality to the EWC, but rejected them as inconsistent with the Dutch private-law system or disproportionate. The revised EWC Directive significantly increases employee participation requirements for multinational employers operating across the EU.

For more information, please refer to our previous blog: here.