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 Opening Up Shop: solutions to the challenges of opening in a new jurisdiction
For several years Palthe Oberman has been a proud member of L&E Global, the leading alliance of employers’ counsel worldwide (www.leglobal.org).
Mindful of the labour law issues affecting businesses across the globe, L&E Global just launched its latest client-focused knowhow initiative - Opening Up Shop: solutions to the challenges of opening in a new jurisdiction.
Employment Law Tracker May 2018
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 May 2018.
Webinar Global Immigration in the Trump Era: a U.S. Perspective
On Tuesday 22 May from 18.00 -19.00 CET our colleagues of L&E Global - Jackson Lewis in the United States organize a webinar on the changes in the American immigration legislation under the Trump administration.
Exclusion of persons entitled to an AOW pension from transition payment does not constitute age discrimination
The Supreme Court has determined that the provision that persons entitled to an AOW (General Old Age Pensions Act) pension are not entitled to a transition payment if the termination or non-continuation of the employment agreement takes place in connection with the employee's reaching the AOW pension age or after the employee has already reached the AOW pension age, is not in violation of Directive 2000/78/EC. According to the Supreme Court this provision therefore does not constitute age discrimination.
Employment Law Chronicle 2017-2018
In the most recent edition of their annual Employment Law Chronicle, the authors Karol Hillebrandt, Christiaan Oberman and Nadia Adnani provide a general overview of developments in the field of employment law between 1 January 2017 and the first two months of 2018. The Employment Law Chronicle has been published in the Journal of the Dutch Bar Association 2018-4.
Employment Law Tracker April 2018
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 April 2018.
Supreme Court: Entitlement to transition payment also possible in the event of instant dismissal.
The law stipulates that an employer does not (in principle) owe any transition payment in the event of a serious imputable act on the part of an employee (Book 7, Article 673(7), opening words and under c, of the Dutch Civil Code).
On 30 March 2018, the Supreme Court ruled that instant dismissal does not necessarily mean that serious imputable acts have been committed.
Highest fair compensation ever awarded: €530,000!
The employer has breached the reinstatement obligation.
The Subdistrict Court of North Holland recently awarded the highest fair compensation ever: €530,000! One day after his manager resigned, the employee was informed that his position had become redundant and was immediately suspended. The Subdistrict Court ruled that the employer had breached the reinstatement obligation.