Our expertise
Due diligence & acquisitions
Are you seeking guidance on acquisitions, for example in the context of (vendor) due diligence? Then you have come to the right place. Our experts can conduct due diligence investigations from an employment law perspective, advise on the role, rights and powers of a works council in the context of mergers and acquisitions, provide support during negotiations, and assist with transformation and post-merger processes, which often involve changes or harmonisation of terms and conditions of employment.
- Due diligence
- Employee co-determination
- Transfer of undertaking
- Restructuring and reorganisation
- Harmonisation employment working conditions
Our experts:
Employee co-determination
Do you have questions about employee participation? Then you have come to the right place. After all, employee participation is essential for a well-functioning organisation. Our employee participation experts are happy to advise you on all issues relating to employee participation. This includes:
- Advice and guidance on the employee participation process
- Right to advice, consent and information
- Litigation before the subdistrict court and the Enterprise Chamber
- Designing a participation structure
- Practical application of the various obligations and powers (such as: powers in the context of mergers & acquisitions, the WMCO, SER merger rules of conduct, right of inquiry, etc.)
Our experts:
Employment contract & working conditions
A collaboration stands or falls on the basis of good agreements. These can be laid down in an employment contract or a contract for services. In addition to the employment contract, terms and conditions of employment are often included in an employment conditions regulation, staff handbook and/or collective labour agreement. What can and may the parties agree in accordance with the applicable legislation and/or collective labour agreement? Which variable remuneration schemes are desirable? Our solicitors can help you with sound (customised) employment contracts and terms and conditions of employment for your organisation.
- Employment contract
- Contract for services
- On-call contract
- Collective labour agreement, static or dynamic cooperation clause
- Staff handbook
- Bonus schemes
- Holiday and leave schemes
- Leasing schemes
- Participation schemes
Evidence gathering & seizure of evidence
No dispute can be resolved without clear evidence of the facts. In fraud and integrity cases, the truth must first be established before a decision can be made on sanctions against the employee and/or damages can be claimed. An important form of evidence gathering is seizure of evidence or seizure for disclosure, whereby information that is not accessible by other means is seized. Examples include email correspondence to and from private email addresses or WhatsApp messages sent from private mobile phones. Once evidence has been secured, follow-up measures can be taken, such as summary dismissal, the imposition of prohibitions and the collection of fines and damages.
- Seizure of evidence
- Seizure for disclosure
- Summary dismissal and/or sanctions under employment law
- Imposition of prohibitions, fines and/or damages
Our experts:
Flexible employment relationships
A flexible workforce offers resilience. The form of the flexible workforce differs from one organisation to another.
Discussions and potential risks associated with the deployment of flexible workers can lead to serious conflicts, for example with trade unions. Termination and illness are often the cause of these discussions.
Our solicitors can assist you in drawing up sound flexible contracts and advise and guide you on potential risks and conflicts.
- On-call contract, min-max, zero hours
- Temporary employment contract and temporary employment clause
- Secondment
- Payrolling
- Contract for work
- WAADI and WAGWeu
Fraud in the workplace
Fraud in the workplace is common. Examples include theft, sharing confidential company information with competitors, incorrect (time) declarations and false invoices. A swift and thorough investigation, possibly with the help of an external investigation agency and/or forensic accountant, is crucial. Seizing evidence can then offer a solution. Employment law sanctions – often summary dismissal – must be imposed swiftly and carefully.
Our specialist solicitors have extensive experience in resolving fraud cases effectively.
- Fraud investigation, evidence gathering and seizure of evidence
- Breach of confidentiality and/or non-competition clause
- Disciplinary measures, including summary dismissal
- Recovery of damages, collection of contractual penalties
Our experts:
Illness & disability
The legal obligations of employers and employees during illness are far-reaching. These include the employer’s obligation to continue paying wages during the first two years of illness and the obligation to reintegrate the employee. Often, there is a labour dispute that needs to be resolved, with or without the help of mediation. Termination of employment during illness – for example, dissolution of the employment contract through the subdistrict court or with a settlement agreement – is possible under certain conditions. Our experts are happy to advise you on the best approach and possible solutions in the event of (long-term) incapacity for work.
- Reintegration issues (Gatekeeper Act)
- (Im)possibilities of disciplinary measures
- Incapacity for work in combination with labour dispute
- (Im)possibilities of termination of employment during illness
Individual & collective dismissal
Dismissing an employee is always a drastic step. Every dismissal process is different and requires thorough knowledge and experience of dismissal law.
Our solicitors have that knowledge and experience. We advise you on the best approach and guide you if legal proceedings are necessary.
We also provide advice and assistance in the event of collective dismissal.
- Poor performance, disrupted working relationship, (serious) culpable conduct
- Summary dismissal
- Transition allowance, cumulative allowance
- Fair compensation
- Annulment of dismissal
- Reassignment
- Disciplinary measures
- Collective dismissal
- Redundancy for economic reasons
- Social plan
- Right of consultation Works Council or PVT
Our experts:
Partnerships & cooperatives
Cooperation between professionals (medical specialists, solicitors) often takes the form of partnerships and cooperative associations. Conflicts between medical specialists cannot be viewed separately from the relationships within a medical specialist company (MSB) and those with the hospital. In addition to legal expertise, an understanding of all relationships and experience with practical solutions are also essential. Our experts have this expertise and are happy to assist you.
- Arbitration and mediation support
- Shareholder agreement and affiliation agreement
- Healthcare Arbitration Tribunal
- Service agreements and cooperation agreements
- Appointment authority
- MSB and VMS
- Goodwill and compensation
Our experts:
Reorganisation
There are many reasons for reorganising. It is a tool that can be used in good times, for example if you want to make your organisation more efficient, but also when the organisation is facing economic difficulties.
Our solicitors have extensive knowledge and experience in the field of reorganisation and the many rules that come with it. We are happy to guide you through the maze of rules and exceptions.
Our experts:
The director
The position of (statutory) director raises specific issues under employment law. For example, the legal position of a statutory director in the context of appointment and dismissal differs from that of a regular employee. Various (additional) rules also apply, for example in the area of remuneration and compensation (including the WNT). Our experts have extensive experience and expertise in this area and are happy to advise and assist you.
- Director contracts
- Appointment, suspension and dismissal of directors and supervisory directors
- Remuneration and compensation (including the WNT)
- Participation plans
- Boardroom disputes
Our experts:
Transfer of undertaking
The outcome of discussions about transfers of undertakings can be of great strategic importance.
Every transfer, insourcing, outsourcing, merger or demerger is unique and may constitute a transfer of undertaking under European and Dutch legislation and regulations. The consequences of this for organisations – including within a group – and the employees involved are considerable.
A transfer of undertaking can be managed depending on its importance.
Our solicitors have the knowledge and experience to guide you through this process.
- Incorporation clause
- Retention of terms and conditions of employment
- Information obligation
- Retention of identity
- Insourcing and outsourcing
Our experts:
Transgressive behaviour
Inappropriate behaviour in the workplace – including (sexual) harassment – is high on the agenda of companies, partly due to high-profile cases in the media and the #MeToo movement. We have extensive experience in advising both employers and employees on (alleged) inappropriate behaviour, including conducting legal proceedings in this regard, even in media-sensitive cases. We also assist both complainants and defendants in internal complaints procedures.
- Investigating inappropriate behaviour, gathering evidence and seizing evidence
- Disciplinary measures, including summary dismissal
- Advising on internal complaints procedures (on behalf of complainants or defendants)
- Advising on (preventive) policies on undesirable behaviour in the workplace, codes of conduct/protocols
Our experts:
Unfair competition
An employer wants to protect the company’s interests as effectively as possible. We help to carefully formulate competition, relationship, confidentiality and anti-poaching clauses (in combination with penalty clauses) that are legally valid. If there is no non-competition clause, there may be unlawful competition if the former employee, using knowledge gained from the former employer, systematically and continuously undermines the former employer’s business. Our expertise lies in combating this unlawful competition and claiming damages.
- Drafting (post) contractual clauses
- Protection of trade secrets
- Enforcement of non-competition and non-solicitation clauses
- Collection of contractual penalties or recovery of damages
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