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.
SER-advisory report about the labour market
In the advisory report of 2 June 2021, the Social and Economic Council (SER) has made recommendations for, among other things, the Dutch labour market. The SER makes proposals to reduce flexible employment relationships and to make the use of the open-ended employment contract more attractive for employers. The report aims to increase the security of work and income, make the economy more flexible and create more equality of opportunity.
The study costs clause: will it no longer be allowed?
On 1 August 2022, the Netherlands must have implemented the European Directive on transparent and predictable terms of employment. The directive includes an improved information obligation of the employer and new minimum rights for the employee. An important result of the directive is an adjustment of the current training obligation of the employer. In this blog you can read about the adjustment of the current training obligation and the effect it will have on the study costs clause.
The “Act on Management and Supervision of Legal Entities” enters into force
As of 1 July 2021, the Act on Management and Supervision of Legal Entities (in Dutch: Wet Bestuur en Toezicht Rechtspersonen, hereafter “WBTR”) will enter into force. This means that the rules governing the management and supervision of associations, foundations, cooperative associations and mutual benefit organizations will change. For these entities, the law will provide more clarity on the duties and responsibilities of managing and supervisory directors.
NOW 3.3: application period opened in fifth period
The fifth application period for the NOW was opened on 6 May 2021. From 6 May to 30 June 2021 it is possible to apply for an advance reimbursement of wage costs for the period of April to June 2021. The reimbursement is subject to a number of conditions. The conditions and the calculation of the reimbursement are described in our blog.
Holidays in times of corona
The summer holidays are already in sight! And although it is important for employees to (be able to) enjoy holidays, the possibilities to go on holiday in times of corona are limited. This raises questions about taking and withdrawing holidays in times of corona. Can the employee save up holidays? And do other rules apply in times of corona? Read it in our blog.
Can a fixed-term employment contract be terminated prematurely?
In principle, a fixed-term employment contract cannot be terminated before the end of the contract. Only if an interim termination clause has been agreed upon, premature termination is possible. In this blog we will discuss the termination of a fixed-term employment contract with and without an interim termination clause.
Financial support for testing employees without symptoms
The Dutch government has introduced temporary financial support for employers that want to have employees without symptoms preventively tested if working from home is not possible. In this blog we briefly discuss the possibilities of (rapid) testing of employees on location and give an overview of the temporary financial support from the government.
L&E Global Employment Law Tracker March 2021
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 March 2021.
Non-competition clause in a fixed-term employment contract?
Since the Work and Security Act entered into force, the main rule is that a non-competition clause in a fixed-term employment contract is, in principle, not permitted. An exception to the main rule is possible if the employer can motivate that the non-competition clause is necessary due to 'important business or service interests'. In this blog we discuss the validity of a non-competition clause in a fixed-term employment contract.