Works council too late to invoke nullity: the month runs once the council sees the decision being applied
On 5 November 2026, the District Court of The Hague published a decision of the subdistrict court of 29 September 2026 in a case brought by the works council of HCL Technologies. The case concerns the period within which a works council can invoke the nullity of a decision that was not submitted to it.
What happened?
Since 2008, HCL has offered life insurance: surviving dependants receive a payment if an employee dies during employment. After the death of a 66-year-old employee, HCL paid out by way of exception, but repeatedly told the works council in 2025 that cover runs until age 65. In August 2025, the intranet was updated. In October 2025, the works council invoked nullity (Article 27(5) of the Works Councils Act).
The ruling: too late
If a decision has not been submitted to the works council, the one-month period runs from the moment it becomes apparent to the works council that the employer is applying it: here, 7 August 2025 at the latest. When other employees could read it is irrelevant. The works council also lacks standing for a declaratory judgment on the entitlements of surviving dependants and for an order for equal implementation; dependants can go to court themselves. Whether the scheme requires consent was left open.
What does this mean?
For works councils the lesson is clear: do not wait, because the month runs once it becomes apparent that the decision is being applied. For employers, the case shows that changes to schemes that may require consent are better submitted to the works council in advance than disputed afterwards.
Practical tips
Works council: note the date on which you see that a decision is being applied, and invoke nullity in writing within one month.
Employer: submit changes to schemes such as life insurance for consent in advance if there is any doubt.
Consider who can bring which claim: the works council cannot litigate on behalf of individual employees or dependants.
Read more on this topic in our knowledge base, including this ruling. Questions about your own situation? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
