Individual & collective dismissal
Termination of employment is always a significant step – for both employer and employee. Each case requires care, strategic insight and in-depth knowledge of employment law.

Our lawyers are experts in both individual and collective dismissal matters. We advise on the best approach and represent you in negotiations or – if necessary – in court proceedings.

We are highly specialised in settlement agreements and authors of the handbook De Vaststellingsovereenkomst (August 2024). This expertise enables us to negotiate the best possible outcome – both legally and strategically – for our clients.

We also assist in collective dismissals and reorganisations, including the drafting and review of social plans and consultation with works councils or trade unions.

Our expertise includes:
·       Underperformance, disrupted employment relationships and (serious) misconduct
·       Summary dismissal
·       Transition and cumulative compensation
·       Fair compensation (billijke vergoeding)
·       Annulment of dismissal
·       Redeployment obligations
·       Disciplinary measures
·       Collective and economic dismissals
·       Social plans
·       Works council or employee representative body consultation rights

Transfer of undertaking
Whether or not a transaction qualifies as a transfer of undertaking can have significant strategic and financial implications.

Each transfer – whether through a merger, demerger, insourcing or outsourcing – is unique and must be assessed under both European and Dutch legislation. When a transfer of undertaking occurs, all rights and obligations of the employees automatically transfer to the new employer. This can have a major impact on both the organisations involved (including within a group) and their employees.

At the same time, a transfer of undertaking can be strategically managed, depending on the parties’ objectives. Our lawyers have the expertise and experience to guide you through the process – from analysis and negotiation to implementation.

Ronald Beltzer is the undisputed number one in the Netherlands in the field of transfer of undertaking. He obtained his PhD on this subject and has spent many years conducting in-depth academic research on the topic.

Our expertise includes:
·       Insourcing and outsourcing
·       Transfer or change of employment terms & conditions
·       Information obligations towards employees and works councils

Employment agreements & employment conditions
A successful working relationship starts with clear and balanced arrangements. These can be laid down in an employment agreement or – in case of independent contracting – a services agreement. Employment conditions are often further detailed in a staff handbook, employment policy, and/or collective labour agreement (CLA).

We advise on what parties may agree under applicable law and collective agreements and assist in drafting appropriate variable remuneration/bonus schemes. Our lawyers prepare carefully drafted, tailor-made employment agreements and employment conditions that fit your organisation’s needs.

Our expertise includes:
·       Employment agreements
·       Services (contractor) agreements
·       On-call agreements
·       Application of CLAs and incorporation clauses (static or dynamic)
·       Staff handbooks
·       Bonus and variable remuneration schemes
·       Holiday and leave arrangements
·       Lease and mobility schemes
·       Non-compete clauses

Flexible employment relationships
A flexible workforce enhances an organisation’s agility. The structure of this flexibility varies from one company to another.

However, engaging flexible workers also comes with legal risks. Disputes about the nature of the working relationship, illness, or termination can easily arise – sometimes even leading to negotiations with trade unions.

Our lawyers assist in drafting clear and compliant flexible employment contracts, and advise on preventing and resolving potential risks and disputes related to flexible working arrangements.

Our expertise includes:
·       On-call contracts (minimum–maximum or zero-hours)
·       Temporary agency work and agency clauses
·       Secondment agreements
·       Payrolling structures
·       Contracts for services or works
·       Compliance with the WAADI and the EU Posted Workers Directive (WAGWeu)

Employee participation (Works Council)
A well-functioning organisation starts with engaged employees. Employee participation plays a vital role in achieving that balance.

Our experts in employee participation advise and support companies, works councils (OR) and employee representative bodies (PVT) on all related matters. Whether it concerns structuring participation frameworks, conducting consultations, or litigating before the subdistrict court or the Enterprise Chamber – we provide practical and expert guidance.

Our expertise includes:
·       Guidance and advice in employee participation processes
·       Rights to advice, consent and information
·       Proceedings before the subdistrict court and the Enterprise Chamber
·       Structuring employee participation frameworks
·       Practical application of obligations and powers, including in mergers and acquisitions, WMCO compliance, SER merger rules and inquiry proceedings

The managing director
The position of a (statutory) director under Dutch employment law involves unique legal complexities. The legal framework governing appointment, suspension and dismissal differs significantly from that of regular employees. In addition, specific regulations may apply, for example regarding remuneration and pay (such as under the Dutch Public and Semi-Public Sector Pay Standards Act – WNT).

Our lawyers have extensive experience advising directors, supervisory board members and companies on these matters. We provide strategic and practical guidance – from drafting director service agreements to resolving boardroom disputes.

Our expertise includes:
·       Director service agreements
·       Appointment, suspension and dismissal of directors and supervisory board members
·       Remuneration and pay regulations (including WNT compliance)
·       Participation and share plans
·       Boardroom disputes