Employment & Employee Participation
In a world where collaboration is crucial, the fast resolution of employment disputes is of major importance. The lawyers in our Employment and Employee Participation team assist a diverse range of firms and organizations. From hiring to firing and anything in between, we are there to advise and help. We devise restructuring processes and manage them all the way to the UWV (public employment authority) or court. We assist in disputes as both a mediator and as a legal advisor. We also provide advice regarding all common issues, such as setting up employee participation schemes, negotiating collective labour agreements, and advising over absenteeism, for example. And if needed, we also investigate disputes, abuse and unacceptable behaviour at the workplace.
Our team & approach
For many years, local and international clients have been assisted by our dedicated team. This is not only due to our subject matter expertise, but also because of our approach. We think it is important to really get to know our clients and their company culture, to ensure we can align, think ahead and adapt quickly and accurately. We avoid unnecessary lengthy advice. We get to the point quickly. We deliver robust and practical solutions that are tailored to client needs.
We deal with employment issues in the broadest sense of the term. Our lawyers serve as sparring partners for management, HR professionals, company lawyers and employees.
Restructuring and transfer of undertakings
We frequently guide restructuring processes. For example, we offer support in determining the right reorganization plan, consulting with the works councils and negotiating with employee organizations regarding the social plan. If needed, we guide the subsequent (dismissal) process.
In addition, our lawyers are highly skilled in resolving issues concerning the transfer of undertakings. This expertise is often relevant in reorganizations and almost always features during tendering and acquisitions. During takeovers we can also conduct due diligence research.
Procedures and mediation concerning dismissal and other employment cases
If it is not possible to reach an agreement between parties, our lawyers will begin litigation. This not only applies to dismissal cases, but to all employment cases. We have, for example, achieved success in cases concerning the law on high incomes (Wet Normering Topinkomens, WNT), in cases regarding collective labour agreements, discrimination and in liability cases.
Also, we are highly familiar with new and alternative forms of dispute resolution. We guide clients through mediation procedures with increasing regularity. One of our team members is a registered mediator at the Dutch Federation of Mediators.
While a correct approach from the start of any sickness related absence can be of significant benefit to both employer and employee, it is often difficult to fully understand the complex laws and regulations on this topic. Not only does the right approach increase the chance of an early resumption of work by the affected employee, it can also avoid problems while reducing costs. Therefore, we offer guidance during absenteeism and also help to apply the rules correctly and effectively. If necessary, we conduct appeal procedures, for example against wage penalties imposed by the UWV.
Contracts & employee regulations
Effective and clear contracts (for example employment contracts, management agreements, settlement agreements, employee regulations and internet protocols) are essential in avoiding disagreements. Our specialists draft such contracts and related arrangements to ensure that agreements between parties are clear. Of course, we can also ensure that your contracts and personnel arrangements are always kept up to date.
In addition, new forms of collaboration (such as platform labour or hiring freelancers), require special attention. These types of collaboration are increasingly common. Our lawyers provide regular advice regarding these matters and arrange all the necessary paperwork.
Investigations into workplace malpractices
Incidents at the workplace often require (compulsory) investigation by the employer. For the healthcare sector in particular, we investigate issues such as inadequate performance by employees, discrimination and incidents of sexual harassment or assault (#metoo).