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 January 2023
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 January 2023.
Hiring & Firing: employees with the 30% facility
The 30% facility makes it attractive for incoming employees ('expats') to work in the Netherlands: they can receive 30% of their gross salary tax-free. This percentage is viewed as reimbursement for extra costs related to working abroad. Do you also have employees who fall under the 30% facility? Be alert to the following employment law aspects of the hiring and firing of these employees.
Remote working: which law is applicable?
Remote working has gained popularity in recent years, partially due to COVID-19. However, remote working also raises a number of employment law related issues. For example, which law applies to the employment contract: the law of the country where the employer is located or the country where the employee performs the work? This blog explains the answer to this question.
‘A one-way ticket to the sun please’: remote working and what employers should consider
Since COVID-19, remote working has become common practice; both working from home and also working from another country. If you as an employer facilitate this or want to start facilitating remote working, the following points are important. Read this blog to be well informed.
L&E Global Employment Law Tracker November 2022
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 November 2022.
Employer, beware of the duty of notification!
Compensation in lieu of notification is always due if the notice of termination of the employment contract is not in writing, according to a recent Supreme Court ruling. This is not changed by the fact that the employee was given verbal notice and started a new job immediately afterwards. This blog discusses the judgment and provides practical tips.
Sexual harassment in the workplace: do you, as an employer, comply with the statutory duty of care?
Inappropriate behavior in the workplace, including sexual harassment, is in the news again. Recently, a professor of astronomy at Leiden University was suspended after an internal complaint investigation, revealing (among other things) years of abuse of power and sexual harassment. The university acknowledged that it looked away for too long and failed to take adequate action to protect the victims. Employers play a crucial role in preventing and fighting (sexual) harassment in the workplace. In this blog, you will read more about the employers' duty of care in the context of sexual harassment in the workplace.
Employer beware: new Section 7:653a of the Civil Code has immediate effect
As previously reported, the Transparent and Predictable Conditions of Employment Act entered into force on August 1, 2022. The first substantive ruling on this law was recently published. In this ruling, the District Court of Noord-Holland makes it clear that (the new) Section 7:653a of the Dutch Civil Code - which includes a limitation on the prohibition of ancillary activities - entered into force immediately on August 1, 2022 and also applies to employment contracts concluded before this date. As a result, as of August 1, employers will now need an objective justification even for ''old'' ancillary work clauses. Read more about how the District Court of Noord-Holland applied this requirement in this article.