Expertise
Reorganisation
There are many reasons why a company might pursue a reorganisation. It is a tool used in good times, if you want to make the organisation more efficient, for instance, but also when an organisation faces economic turmoil.
Our lawyers have broad knowledge and experience of reorganisation and the many rules involved. We are happy to guide you through the maze of rules and exceptions.
Our experts:
- Nadia Adnani
- Marloes van den Eeckhout
- Lydia Milders
Transfer of undertaking
The outcome of transfer of undertaking discussions can be of strategic importance.
Every transfer, insourcing and outsourcing decision, merger or demerger is unique and could be deemed a transfer of undertaking under European and Dutch laws and regulations. The implications of this for the organisations – including those operating as part of a group – and the employees involved are significant.
A transfer of undertaking can be managed depending on the interest.
Our lawyers have the knowledge and experience to guide you through this.
- Incorporation clause
- Retention of employment terms
- Disclosure obligation
- Retention of identity
- Insourcing and outsourcing
Our experts:
- Marcus Draaisma
- Marloes van den Eeckhout
- Noor Cuppen
Unfair competition
An employer wants to protect the company’s interests optimally. We help carefully formulate non-compete, non-solicitation, non-disclosure, and non-recruitment clauses (combined with penalty clauses) that stand up in court. If there is no non-compete clause, there may be unlawful competition if the ex-employee, using knowledge gained from the ex-employer, systematically and permanently damages the ex-employer’s market position. Our expertise is aimed at countering this unlawful competition and recovering damage suffered.
- Drafting (post) contractual clauses
- Protecting trade secrets
- Enforcing non-compete and non-solicitation clauses
- Collecting contractual penalties or recovering damage
Our experts:
- Christiaan Oberman
- Marcus Draaisma
- Lydia Milders
- Nadia Adnani
Employee co-determination
Do you have questions about co-determination? Then you have come to the right place. After all, employee co-determination is essential for an organisation to function smoothly. Our experts on employee co-determination will be happy to advise you on all issues relating to co-determination. Consider:
- Advice and guidance on an employee co-determination process
- A co-determination body’s right to be consulted, its right to endorse decisions and its right to be informed
- Litigation in the subdistrict court and Netherlands Enterprise Court
- Shaping employee co-determination structure
- Practical application of the various obligations and powers (such as: powers in the context of mergers & acquisitions, the Collective Redundancy (Notification) Act (WMCO), SER merger rules of conduct, right of inquiry, etc.)
Our experts:
- Nadia Adnani
- Marloes van den Eeckhout
- Noor Cuppen
Partnerships & cooperatives
Professional practitioners (medical specialists, lawyers) who work together usually do so in partnerships or cooperative associations. Conflicts between medical specialists cannot be seen in isolation from the relations within a medical specialist company and with the hospital. In addition to legal expertise, which is important, of course, a sense of all the relationships and experience with practical solutions is also essential. Our experts have this and would be happy to help you.
- Arbitration and assistance with mediation
- Shareholder agreement and association agreement
- Healthcare Arbitration Tribunal
- Service provision agreements and cooperation agreements
- Power to give instructions
- Medical specialist company and patient safety management system
- Goodwill and compensation
Our experts:
- Marcus Draaisma
- Christiaan Oberman
Individual & collective dismissal
Dismissing an employee is always a serious occasion. Every dismissal process is different and requires in-depth knowledge and experience of dismissal law.
Our lawyers have that knowledge and experience. We advise on the best approach and guide you if litigation is necessary.
We can also advise and assist you in the event of collective dismissals.
- Poor performance, a disrupted working relationship, (seriously) culpable behaviour
- Summary dismissal
- Transition allowance, cumulation allowance
- Fair compensation
- Declaration of dismissal as null and void
- Reassignment
- Disciplinary measures
- Collective dismissals
- Redundancy on economic grounds
- Social plan
- Right of the Works Council or employee co-determination body to be consulted
Transgressive behaviour
Transgressive behaviour in the workplace – including harassment and sexual harassment – is a hot issue, thanks in part to high-profile cases in the media and the #MeToo movement. We have extensive experience in advising both employers and employees on (alleged) transgressive behaviour, including conducting court proceedings in this regard, including in media-sensitive matters. We also assist both complainants and persons complained about in internal complaint procedures.
- Investigation of transgressive behaviour, evidence gathering and seizure of evidence
- Disciplinary measures, including summary dismissal
- Advising on internal complaint procedures (on behalf of complainants or persons complained about)
- Advising on (preventive) policy on undesirable behaviour in the workplace, codes of conduct/protocols
Our experts:
- Christiaan Oberman
- Marcus Draaisma
- Lydia Milders
- Nadia Adnani
- Marloes van den Eeckhout
Fraud in the workplace
Fraud in the workplace is common. For example, think of theft, the sharing of confidential business information with competitors, incorrect (hourly) declarations and false invoices. A quick and careful investigation, possibly with the help of an external investigation agency and/or forensic accountant, is crucial. Seizure of evidence can provide a solution in such cases. Employment sanctions – often summary dismissal – must be imposed expeditiously and carefully.
Our specialised lawyers have very broad experience in adequately resolving fraud cases.
- Fraud investigation, evidence gathering and seizure of evidence
- Breach of confidentiality and/or non-compete clause
- Disciplinary measures, including summary dismissal
- Recovery of loss, collection of contractual fines
Our experts:
- Marcus Draaisma
- Lydia Milders
Flexible employment relationships
A flexible shell offers resilience. What form this flexible shell takes can vary from one organisation to another.
Discussions and potential risks of using a flexible workforce can result in far-reaching conflicts, for example with trade unions. Termination and illness often trigger these discussions.
Our lawyers help you draft good flexible contracts and advise and guide you through potential risks and conflicts.
- On-call contract, min-max, zero hours
- Agency work employment contract and agency clause
- Secondment
- Payrolling
- Contracting of work
- Placement of Personnel by Intermediaries Act (WAADI) and Posted Workers in the European Union (Working Conditions) Act (WAGWeu)
Our experts:
- Lydia Milders
- Noor Cuppen
Due diligence & acquisitions
Are you looking for assistance with acquisitions, for example in the context of (vendor) due diligence? Then you have come to the right place. Operating from an employment law perspective, our experts can conduct due diligence investigations, advise on the role, rights and powers of a works council in the context of mergers and acquisitions, support the negotiations, as well as guide transformation and post-merger processes with the modification or harmonisation of employment terms often involved.
- Due diligence
- Employee participation
- Transfer of undertaking
- Restructuring and reorganisation
- Harmonisation of employment terms
Our experts:
- Marloes van den Eeckhout
The director
The capacity of director (under the articles of association) raises special issues in employment law. For instance, when it comes to appointment and dismissal, a director under the articles of association enjoys a different legal status to that of a regular employee. Various (additional) rules also apply, for example in relation to remuneration and emoluments (for instance, the Senior Executives in the Public and Semi-Public Sector (Standards for Remuneration) Act (WNT)). Our experts have vast experience and expertise in this field and will be happy to advise and assist you.
- Director contracts
- Appointment, suspension and dismissal of directors and supervisory directors
- Remuneration and emoluments (i.e., the WNT)
- Participation plans
- Boardroom disputes
Our experts:
- Christiaan Oberman
- Marcus Draaisma
- Nadia Adnani
- Marloes van den Eeckhout
Evidence gathering & seizure of evidence
No dispute can be resolved without clear evidence of the facts. In fraud and integrity cases, the truth will first have to be established before a decision can be made on sanctions against the employee and/or before damages can be claimed. An important form of evidence gathering is the seizure of evidence or attachment for the purpose of surrender, whereby information is seized that cannot be accessed by other means. Think, for instance, of email correspondence to/from personal email addresses or WhatsApp messages using one’s private number. Once evidence has been secured, follow-up measures can be taken, such as summary dismissal, the imposition of a prohibition and the collection of fines and damages.
- Seizure of evidence
- Attachment for the purpose of surrender
- Summary dismissal and/or employment sanctions
- Imposition of prohibitions, fines and/or damages
Our experts:
- Marcus Draaisma
- Lydia Milders
Employment contract & working conditions
A collaboration stands or falls with good agreements. These can be laid down in an employment contract or contract for services. Besides the employment contract, employment terms can often also be found in a separate document containing the employment conditions and employee benefits, an employee handbook and/or a collective agreement. What are parties able and permitted to agree between themselves under the applicable law and/or collective agreement? What variable remuneration schemes are desirable? Our lawyers will help you with good (customised) employment contracts and conditions of employment for your organisation.
- Employment contract
- Contract for services
- On-call contract
- Collective agreement, static or dynamic incorporation clause
- Employee handbook
- Bonus schemes
- Holiday and leave arrangements
- Company car lease schemes
- Participation schemes
Sickness & disability
The law imposes far-reaching obligations for employers and employees when an employee is sick. This includes the employer’s obligation to continue paying salary during the first two years of illness and the obligation to rehabilitate the employee, for instance. There is often an industrial dispute which needs to be resolved, with or without mediation. Termination of employment during illness – for example, dissolution of the employment contract via the subdistrict court or via a settlement agreement – is possible under certain conditions. Our experts would be happy to advise you on the best approach and possible solutions in case of (long-term) disability.
- Problems in rehabilitation processes (Eligibility for Permanent Incapacity Benefit (Restrictions) Act)
- Possibilities in relation to disciplinary measures
- Disability combined with conflict in the workplace
- Possibilities for terminating employment during illness
Our experts:
- Lydia Milders