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.
Clothing, tattoos, piercings and the like: the new workplace
In this article, we discuss several cases and we determine what may constitute a violation of fundamental rights pertaining to an employee's physical appearance. Based on case law, we determine under what circumstances such violations may be justified. In addition, we provide guidelines for employers who are facing such issues.
Employment Law Chronicle
This publication provides a general overview of developments in the field of employment law between 1 January 2016 and 31 December 2016.
Chronicle employment law 2014
This publication provides a general overview of developments in the field of employment law between 1 January 2014 and 31 December 2014.
Chronicles Employment law 2015
The chronicle provides an overview of the most important developments in the various fields of employment and labour law during the past year (2015).
The past year has been characterized by the new Work and Security Act. However, other areas of employment law have shown development as well. Various interesting judgements have been delivered, amongst others in the areas of:
- the collective labour law and participation law;
- the state€™s liability for the incorrect implementation of a European guideline;
- qualification of an employment contract;
- transfer of undertaking; and,
- termination of an employment contract.
Please click here for the full article: Journal of the Netherlands Bar Association, Chronicles 2015.
Published in the Journal of the Dutch Bar Association Authors: Christiaan Oberman and Karol Hillebrandt
Strike FNV at Schiphol during peak periods not allowed
Due to failed negotiations on a collective bargaining agreement, trade union FNV recently called a strike involving the ground staff of KLM. KLM and Schiphol subsequently claimed a ban on this strike in interlocutory proceedings, which claim was allowed on Friday (26 August 2016).
Legislative proposal: extension powers works council in respect of directors’ remuneration
On 13 June 2016, a bill was introduced that aims to support transparency of and debate on remuneration ratios within large companies. According to the Minister, this will serve the interests of employees.
L&E Global wins "Global Network of the Year" at The Lawyer European Awards 2016
We are pleased to announce that our alliance L&E Global was named “Global Network of the Year” at The Lawyer European Awards 2016. Attended by more than 250 lawyers from around the world, the ceremony was held at London’s Hilton Bankside hotel on March 9th.
The inflexibility of the more flexible dismissal law
The Work and Security Act (WWZ) was intended to make the law surrounding dismissals quicker, simpler, fairer and less expensive to implement. Has it succeeded? In this contribution we present a first, cautious evaluation of court decisions and experiences so far. Published in the Journal of the Dutch Bar Association (Advocatenblad), December 2015 Authors: LLM Mr. C.C. Oberman and LLM Mr. G. Oberman