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.
Dismissal of the statutory director
On 1 July 2021, the Act on Management and Supervision of Legal Entities (in Dutch: Wet bestuur en toezicht rechtspersonen) entered into force. The Act, which previously only applied to private and public limited companies (in Dutch: bv and nv), now also applies to all other legal entities. One of the consequences of this is that the so-called preventive dismissal test for directors of foundations has been lapsed.
The 'modern employment relationship' of Uber
The District Court of Amsterdam has ruled that Uber drivers are not self-employed workers, but employees. There is a "modern employment relationship" between the Uber drivers and Uber. In addition, the Dutch Collective Labour Agreement (hereafter: CLA) for Taxi Transport was declared applicable to the employment relationship.
L&E Global Employment Law Tracker August 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 August 2021.
Be vaccinated or unvaccinated; that's what the LeasePlan workplace is all about. Rightly so?
LeasePlan is in the news by calling on all its employees to come back to the office, under one explicit condition: being vaccinated against COVID-19. Unvaccinated employees have to work from home. Many foreign companies preceded LeasePlan. Until the beginning of this week, employers in the Netherlands are very cautious.
L&E Global Employment Law Tracker July 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 July 2021.
Holidays in times of corona
Now that the summer holidays have started again, many employees are going on vacation. As of 1 June 2021, all travelers from a high-risk area will be subject to a mandatory quarantine. What rules currently apply to the employer and the employee? Read about some of the key issues related to holidays and corona in this blog.
The sick employee: suspend or discontinue the salary?
In principle, the sick employee is entitled to continued payment of salary for two years. In a number of cases, the employer may suspend or even discontinue the payment of salary. In practice, it is not always easy to distinguish between these terms. Read in this blog the difference between suspension and discontinuation of salary.
NOW 4: Sixth application period for subsidies opened
The economy is slowly reopening, but not yet for everyone. In order to continue supporting employers as much as possible, the NOW is extended by three months until 30 September 2021. However, the government has decided to apply a maximum turnover loss of 80% (to be declared). Find below the most important features of the NOW 4.