All Palthe Oberman lawyers are specialists in employment law with extensive experience in giving advice and solving conflicts in this area. We handle cases concerning dismissal, collective redundancy, incapacity for work, employment contracts, employment conditions and amendments to them, non-compete and business relations clauses, transfer of undertaking, holidays and leave, unsatisfactory performance procedures, training, pre-employment screening and the Work and Security Act.
Public service law
We advise diverse administrative bodies on public service law. Our in-house experts specialise in the following areas: appointment and dismissal, unsatisfactory performance procedures, disciplinary measures and the Government Information (Public Access) Act. We also assist individual civil servants engaged in a conflict with their employer.
Directors, Supervisory Boards and Boards of Directors
We regularly act as an advisor or sparring partner for managing and statutory directors. We also advise Supervisory Boards and Boards of Directors. Frequently recurring topics include appointments and dismissal, remuneration policy, management agreements, board regulations, contractual severance schemes, Senior Officials in the Public and Semi-Public Sector (Standards for Remuneration) Act and officers’ liability.
Collective employment law/ Employee’s participation right
Our lawyers have comprehensive knowledge and experience in the area of collective employment law and employee’s participation rights. We advise both employers and works councils on the application of the Works Councils Act (WOR), including the right to be consulted and the right of consent of the works council. We assist employers when consulting trade unions on entering into and applying collective agreements and redundancy packages. Our firm also has special expertise in the area of the right to strike.
We advise partnerships and individual partners on the legal aspects of their collaboration. Frequently recurring topics include dissolution of the partnership agreement, termination and squeeze-out, conflicts regarding valuation of the goodwill and incapacity for work. Furthermore we have comprehensive experience with conducting arbitration proceedings.
The medical sector
Our firm has another distinctive speciality: employment relationships in the medical sector. We advise hospitals, partnerships, cooperative associations, individual partners and Medical Staff Associations.
More information?All lawyers of our firm specializing in labor law. We have extensive experience in providing employment law advice and resolving employment disputes.
L&E Global Employment Law Tracker September 2019
Palthe Oberman is pleased to present you with the most recent Employment Law Tracker consisting of employment law updates of all firms connected to the L&E Global Network for September 2019.
Changes in employment law with effect from 1 January 2020: transition payment
From 1 January 2020 employees will have the right to a transition payment from the first day of employment. At this time the right only arises after employment of at least 2 years.
Changes in employment law with effect from 1 January 2020: unemployment insurance contribution differentiation
The government envisages with the Balanced Labour Market Act to encourage the entering into of permanent employment contracts. By means of levying a lower unemployment insurance contribution for permanent contracts and a higher unemployment insurance contribution for all other employment contracts, the legislature expects that it will become more attractive for employers to offer permanent contracts.
Changes in employment law with effect from 1 January 2020: cumulation ground
A new ground for dismissal, called the cumulation ground, is introduced as part of the Balanced Labour Market Act (in Dutch: WAB). If the employment contract is terminated on the basis of the cumulation ground, a higher transition payment might be owed.
Changes in employment law with effect from 1 January 2020: payrolling
With payrolling we encounter three different parties: 1) the party where the payroll employee is formally employed (the payroll employer), 2) the party where the payroll employee actually works (the contractor/employer) and 3) the payroll employee.
Changes in employment law with effect from 1 January 2020: on-call workers
With effect from 1 January 2020, employment law will be amended in some respects as a result of the Dutch Balanced Labour Market Act (Wet arbeidsmarkt in balans). This includes amendments in respect of on-call workers. On-call workers include employees working on the basis of a zero-hours contract or a 'min-max' contract (meaning a contract with variating working hours between a minimum and a maximum). The legislator wants to strengthen their legal position because they face (too) much uncertainty about their income due to the varying working hours.
Changes in employment law with effect from 1 January 2020: the “chain rule”
The chain rule stipulates when successive, temporary employment contracts are converted into an employment contract for an indefinite period of time. At the moment this is the case when more than three temporary employment contracts succeed each other or if the duration of the successive contracts exceeds a period of two years. With the introduction of the Balanced Labour Market Act (Wet arbeidsmarkt in balans) this latter period has been extended from two to three years.
L&E Global Employment Law Tracker August 2019
Palthe Oberman is pleased to present you with the most recent Employment Law Tracker consisting of employment law updates of all firms connected to the L&E Global Network for August 2019.
Employment Law Chronicle
Last year, the Dutch Supreme Court pronounced a large number of rulings in the field of the Work and Security Act (Wet werk en zekerheid). Therefore, a large part of this Chronicle deals with those decisions.