Do you have to involve the works council in a PMO or PAGO?

Why does the Works Council have the right of consent?

A PAGO focuses on identifying and preventing health risk’s associated with the work. The content is therefore tailored to the occupational risk’s from the RI&E. A PMO can also look more broadly at topics such as vitality, lifestyle, mental health and sustainable employability.

According to Article 27 of the Works Councils Act, the Works Council has the right of consent in regulations relating to working conditions, absenteeism and reintegration. Arrangements regarding the processing and protection of personal data may also fall under the right of consent.

Because a PMO or PAGO is usually organized for a group of employees and affects working conditions én privacy, in many cases you must ask the Works Council for approval in advance. This is especially true when you introduce a new scheme or substantively change an existing approach.

When should you involve the Works Council?

In any case, include the OR when you make choices about:

• the purpose and content of the study;

• the employees or job groups to whom you offer the research;

• the questionnaires, studies and medical measurements;

• the choice of an executive provider;

• the way employees are informed;

• the processing and protection of personal data;

• the conditions for an anonymized group reporting;

• the way in which the organization follows up on the outcomes.

Whether formal consent is necessary depends on the precise design and the space you have as an employer to make your own choices. Is the interpretation already fully determined in a collective labor agreement or other binding arrangement? Then the situation may be different. In case of doubt, it is wise to seek legal advice.

Pull the OR on time

Do not submit a fully developed plan to the Works Council only at the last minute. By involving the Works Council during the preparation, you can discuss questions and concerns early.

Make it clear in any case:

• why you want to offer a PMO or PAGO;

• how the study fits the RI&E;

• what employees have in the study;

• whether participation is voluntary;

• what data are collected;

• who has access to the results;

• what the employer does and does not see;

• and what you want to do with the group results.

An early collaboration can also contribute to greater trust among employees. The Works Council can help to clearly explain the purpose of the research and inform employees about the protection of their privacy. This can ultimately also have a positive influence on participation.

What about privacy?

Sensitive health data is processed at a PMO or PAGO. Personal research results and medical information are not shared with the employer. Each participant only receives their own results and personal advice.

As an employer, you can receive an anonymized group report if you participate sufficiently. The participating group must be large enough to prevent results from being traceable to individual employees. Therefore, clearly agree in advance which minimum group size is used and which data will be included in the report.

The Works Council will rightly want to know how the provider handles personal data, how long data is kept and what measures are taken to prevent traceability.

And if you don't have a works council?

Does your organization not have an Works Council, but does it have a staff representation? The PVT can then also have the right of consent in regulations regarding working conditions. The powers of a PVT are more limited than those of an Works Council, making it important to assess which rights apply per situation.

Even without OR or PVT, it remains wise to involve employees in the process in a timely manner. Good communication about the purpose, voluntariness, privacy and personal added value of the research helps to increase support and participation.

Finding an appropriate PMO or PAGO provider

Involving the OR is één part of a careful process. In addition, the research must be in line with the RI&E, the objectives of your organization and the needs of the employees.

Via PMO Compare We immediately map out your wishes and principles and compare appropriate providers based on content, implementation, privacy, reporting options and costs. This way you will receive a quote that fits as closely as possible with your organization én you have clear information that you can use when consulting the OR.

Do you want to know which PMO or PAGO provider suits your organization? Then request a quote comparison without obligation.

Sources: Socio-Economic Council, Works Councils and Occupational Health and Safety Portal Act of the Ministry of Social Affairs and Employment.