English or Dutch? Managing multilingual communication is a dilemma for an increasing number of works councils. In particular for firms with many foreign workers who may not be able to speak Dutch (yet). As well as for firms that are part of an international concern and may have to cooperate with a foreign employer. This raises a question: if everyone speaks English in the workplace, does this automatically apply to the works council as well? The working language may prove to be a contentious matter for the council. In this blog, we discuss how a works council can deal with it. We also provide some practical tips and tricks for your council.
This blog post is also available in Dutch.
Multilingualism in the Works Council Act
The Dutch Works Councils Act (WCA) does not specify the language to be used by the council. This is unlike Belgium, where the law does prescribe the use of French, Dutch or German depending on the location of the enterprise. The absence of such a regulation in the Netherlands provides a works council with the possibility to use any language they see fit. This is not necessarily tied to the language used in the workspace. Though it makes sense that an enterprise with exclusively Dutch speakers among the employees and executives will also use Dutch in the council.
But what if a significant number of employees do not speak Dutch? Or the council has to negotiate with a foreign employer? In cases like these, it can be advisable to set guidelines on the use of language. This can be done in the Rules of Procedure (see WCA article 8). This can also be done in a two-party procedural agreement between the council and the employer (see WCA article 32).
Aside from the language used during meetings of the council, such an agreement can cover the language of important documents and a translation policy. Keep in mind that an exclusively Dutch council can have an exclusionary effect in an international work environment. Employees who do not speak Dutch will be unlikely to run for the council. They may also struggle to be involved with worker participation.
Multilingualism in practice
On the other hand, it tends to be more complicated to have an English-speaking works council than it may initially seem. The type of language used in a council, which includes heavy legal and business jargon, can already be challenging for a native speaker. Not every enterprise can reasonably expect this level of fluency in a second language from its Dutch employees. The use of flawed, unclear or incomprehensible English does not promote worker participation and may lead to serious misunderstandings.
It does not help that many concepts – including the word medezeggenschap itself –
are hard to translate to English.
To provide some guidance, the Dutch Social and Economic Council (SER)
published an English version of the WCA (known in Dutch as the
Wet op de Ondernemingsraden or colloquially as the WOR).
The terminology used in this translation can function as a toolbox for an
English-speaking works council. However, its value should not be overestimated:
the WCA remains a legal framework that does not capture the many values and norms
regarding worker participation that have evolved over time.
It should also be taken into account that many non-Dutch speaking employees or executives are not native English speakers either. Finally, compliance with the self-made guidelines may prove challenging. What if council members speak Dutch with each other during what should be an English meeting? What if the employer fails to translate important documents, or does so poorly?
Unfortunately, there is no simple answer to these questions. The works council and the employer will have to come to some sort of agreement. Formal guidelines may not always be the best fit for your council; maybe a more informal, flexible arrangement works better. You do not have to wait with this until after the elections. Formulating some guidelines before can signal to potential candidates that you as a council are open to candidacies of non-Dutch speakers. This lowers the threshold for them to actively participate.
The right to external support
If an employer delivers documents to the council in a foreign language, the council is formally entitled to have these documents translated, as part of their right of support from external experts (WCA article 16). However, this does cost money as well as valuable time. Discuss as a council and with your employer whether these costs are proportionate to the benefit of professional translation. Be careful not to designate one particularly fluent, bilingual council member as unofficial interpreter; this is not their task and can quickly become overwhelming.
The presence of real-time interpreters is rare outside of the context of European works councils, but can be a solution if the means allow it. This also provides room for other languages like French and German.
The most important thing remains that you, as a multilingual works council, can execute your tasks well in a multilingual work environment. Language should not be a hindrance in this. Some tasks of the council may thus require a different use of language than others. For some works councils, fully switching to English can be the solution, but that does certainly not apply to everyone.
Practical tips for multilingual councils
- Be clear in your agreements regarding language. Consider differentiating between different parts of the council work. For example: regular council meetings and advisory requests can be held in Dutch, while consultation meetings with the employer can be conducted in English.
- If your council has no agreements or guidelines regarding bilingualism, consider formulating those before it ends up becoming a heavy topic of discussion anyway. Do not hesitate to seek the aid of an advisor.
- Keep prioritising the importance of well-functioning worker participation. Does English lead to too much confusion? Then it would be advisable to make more room for Dutch.
- Consider the cultural differences that are tied to the use of language. Worker participation as it is arranged in the Netherlands is quite unique and will be a foreign concept to people from the USA or Asia.
- Comply with your own guidelines. Have you all agreed to speak English during a meeting? Then prevent people from speaking Dutch among each other.
Ready to get started?
Do you want your works council to function well in a multilingual environment? My colleagues and I are ready to assist you in making clear agreements and using your competences to their full potential. Click here to get in contact: