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.
Employment Law Changes as from 1 January 2022
From 1 January 2022 onwards, things have again changed in the area of employment law.
Looking back at the five most read blogs of 2021
The year 2021 was an eventful year, also in the field of employment law. With the pandemic, new legislative proposals (see our overview of changes in labour law as of 1 January 2022), a new government and rulings by the Dutch Supreme Court, there was more than enough to write about. Of all the blogs from 2021, we have listed the five most read blogs.
Employee entitled to salary if unable to work due to homemade fireworks?
New Year's Eve is over and the new year has begun. Normally, kilos of fireworks are shot into the air on New Year's Eve. Lighting fireworks is a risky activity, especially when it concerns homemade fireworks. What happens if an employee lights his own fireworks and becomes unfit for work as a result? Is the employee still entitled to continued payment of wages during illness? This question was answered by the subdistrict court of Leeuwarden in early 2021.
Overview employment law changes as of 1 January 2022
As of 1 January 2022, a lot will change in the area of employment law. Paid parental leave will be introduced, the law on a more balanced male to female ratio will enter into force, and many other changes will occur. We have listed the most important changes in 2022.
L&E Global Employment Law Tracker December 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 December 2021.
Nine weeks partly paid parental leave
On 12 October 2021, the Dutch Senate (in Dutch: Eerste Kamer) introduced the Paid Parental Leave Act. The Paid Parental Leave Act entitles every parent to nine weeks of partially paid parental leave and 17 weeks of unpaid parental leave. Parents can currently only take 26 weeks of unpaid parental leave. The Act will enter into force on 2 August 2022.
Normative regulation to achieve CO2-reduction in work-related mobility
The (draft) 'Normative Regulation on Work-Related Passenger Mobility' (in Dutch: Normerende regeling werkgebonden personenmobiliteit) applies to employers with 100 or more employees and contributes to making work-related person mobility sustainable, as agreed in the Climate Agreement 2019. Since more than half of the traffic is work-related, the government believes employers can play a major role in reducing the negative effects of work-related mobility on the climate. The draft regulation was planned to enter into force on 1 January 2022, but has been postponed until further decision-making by the next government. Read more about the draft regulation in this blog.
L&E Global Employment Law Tracker October 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 October 2021.
Interim termination clause in settlement agreement: unemployment benefit?
The Unemployment Insurance Act (in Dutch: Werkloosheidswet) stipulates that if a fixed-term employment contract is terminated by mutual consent, without an interim termination clause, the employee is not entitled to unemployment benefit. However, the District Court of Amsterdam recently ruled that an interim termination clause may still be included in a settlement agreement that is terminating the employment contract. This allows the employee to retain his entitlement to unemployment benefit.