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    Can we skip this year’s performance appraisals to catch up on things?

    In order to catch up on things, we want to skip this year’s performance appraisals. Do we have to ask the staff representatives for their consent to this?

    The role of staff representatives, also known as employee representatives and called ‘personeelsvertegenwoordiging (PVT)’ in Dutch, is only limited compared to that of the works council. Staff representatives have fewer rights and less participation. However, both staff representatives and the works council get their rights from the ‘Wet op de ondernemingsraden’ (Works Council Act). There is no legal requirement to ask staff representatives for their advice or their consent in any situation pertaining to changes in the cycle of performance appraisals and evaluations. It is therefore possible to skip performance appraisals without the need to ask the staff representatives for their consent. However, if you are faced with having to make important changes for your organization, it is nonetheless recommended – for practical reasons – to always inform the staff representatives, involve them in the decision-making, and pay close attention to your relationship with the representatives. This way, you keep the relationship positive and they are probably more likely to support you in future decisions which do require their consent or advice.


    Another recommendation is to check the collective labor agreement as well as the staff regulations. Perhaps these documents give the staff representatives in your organizations additional rights and more participation. Also consider not skipping the performance appraisal of employees who are requesting one. This way, you will keep the relationship with employees also positive.

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