Employment Law
Employment law is constantly changing, with various new legislation in the field of, among other things, dismissal and flexible employment. We focus on employment law in the broadest sense, including individual and collective dismissals (reorganisations), changes to employment conditions and non-competition clauses. We also have extensive experience in the field of flexible employment relationships and contract agreements. Our clients are both national and international employers, (statutory) directors and employees, in virtually all sectors of the economy.
Barbara Spliet
partner/lawyer
Renzo Ter Haseborg
partner/lawyer
Yvette Kouwenberg
lawyer/associate partner
News
Changes to the civil servants’ legal status are in offing
On 8 November 2016, the Upper Chamber of the Dutch Parliament (de Eerste Kamer) passed the bill “normalising the legal status of civil servants”. It aims at simplifying and modernising the administrative legal status. Traditionally – since 1929 – the civil servant´s legal status has been properly taken care of because of the government´s need for an effective civil administration.
Employee dysfunctioning: How can you prove it?
For some time now, the WWZ (Employment and Social Security Act) has been applicable law, but various parts are still unclear in their application. For example, in a procedure leading to the termination of an employment contract because of – say – dysfunctioning, what evidence should an employer submit?
Reviewing business case for which advisory reports are obligatory (art. 25 works counsils act – WOR)
In important decisions, the employer has to consult the organisation’s works council (Works Council-OR, Central Works Council-COR, Group Works Council-GOR, etc.). In doing so, a difference of opinion may arise about the business case, whether implementation of the decision is at all feasible and whether it will lead to the intended outcome?
Major overhaul commission agreement self-employed professionals (“ZZP-ers”)!
In fiscal – and social security law, a distinction is made between those self-employed and those being employed. This latter group has to pay payroll taxes and social security contributions on the wages or salary received.
The redeployment obligation for the employer in 7 steps
Article 7:669 BW stipulates that the employer may terminate an employment contract when there are reasonable grounds to do so, and the redeployment of the employee within a reasonable period of time, with or without training, to another suitable job is not possible or does not make sense.