Employment law
Our office has over twenty years of experience in corporate employment law. Whether it’s reorganizations, conflicts, collective or individual dismissals, advisory services, or litigation, we provide comprehensive support. Our clients include (medium to large) enterprises in various sectors, both domestically and internationally.
One of the key questions we ask our clients is: ‘Where do you want to go, what is your goal?’ We approach this matter with a business mindset but also with empathy. We thoroughly review your case, strengthen it, and provide advice on the steps to be taken. We are willing to take a firm stance, always with the goal of optimizing your interests.
We avoid using convoluted language and offer advice that is practical, allowing you to focus on your business.
We strive for the most suitable solution and optimal results for you. This can be achieved through negotiation with the other party, reaching a settlement. However, we are not hesitant to pursue legal action if the situation demands it and it leads to the best possible outcome for you.
The most important aspect is that we always consider your wishes, goals, and interests and provide optimal guidance. We offer honest, thoughtful, and decisive advice, always aiming for the best results.
We think in terms of solutions and go beyond where others may stop.
In the field of employment law, you can approach us for:
Conflicts
Where people work together, conflicts arise. We ensure that the conflict is resolved, achieving the desired result for you.
Dismissal
If you intend to dismiss an employee, we help you prepare for the process, ensuring efficiency and avoiding surprises. In the case of collective dismissal, we can handle the entire process. We assist in the preparation of a reorganization plan, negotiations with the works council and trade unions, drafting a social plan, preparing individual termination agreements, and submitting the dismissal application to the Employee Insurance Agency (UWV).
If you, as an employee, are facing dismissal, we work with you to determine the validity of the intended dismissal and how to achieve the optimal result for you to move forward.
Corporate Employment Law
We provide advice on the appointment and dismissal of directors, conflicts between directors and/or shareholders, and employment law issues in mergers and acquisitions.
Reorganizations
In a reorganization, the strength lies in timely and careful preparation. If you want to reorganize your company, eliminate jobs, and/or create new positions, we help you prepare for this process. This ensures efficiency, avoids surprises, and involves all stakeholders, such as the works council and trade unions, in a timely manner.
Employee Participation
We advise executives in processes where the works council must be consulted. This includes important decisions where the works council has a legal advisory role, such as reorganizations, takeovers, or significant investments. We also assist works councils in these processes.
Non-competition and Non-solicitation Clauses
These are crucial provisions in an employment contract that protect the employer’s business interests. We assist employers in formulating non-competition and non-solicitation clauses. In case of a dispute with your (former) employee, we provide advice and represent your interests.
If you, as an employee, have a dispute with your employer regarding a non-competition or non-solicitation clause, we can provide advice.
Transfer of Undertakings
We assess whether there is a “transfer of undertaking” (transfer of an activity, where the rights and obligations from the employment contract automatically transfer to the acquiring party). We advise you on the do’s and don’ts in such situations.
Harmonization of Employment Conditions
After a merger or acquisition, it is often essential for the entrepreneur to align different employment conditions. We advise you on the possibilities.
Collective Labor Agreement (CLA) Law
Are you wondering if a collective labor agreement applies to your company? Are you dealing with different CLAs within your organization? We advise you on the possibilities.
Flexible Employment Relationships
Specific rules apply to fixed-term employment contracts, on-call contracts (zero-hour contracts, min/max contracts), temporary employment contracts, and contracts with freelancers (service contracts). We advise you on the do’s and don’ts and work with you to find a solution that aligns with your preferences.
Sick Employees
When there is illness, employers and employees have legal reintegration obligations. The company doctor plays a crucial role in this process. Advice from the company doctor is often open to interpretation in various ways. Is the employee incapacitated for work and/or is there an employment conflict? We advise you in this complex field.
Self-insurance
For employers who are self-insured for sickness benefits and/or partial disability benefits, questions may arise such as “was the employee already incapacitated when I hired him, and should he have reported it?” and “does the employee still qualify for sickness benefits after an immediate dismissal?” The complex matter of self-insurance is familiar to us, and we can provide optimal advice and support.
Drafting and Reviewing Employment Contracts
Upon your request, we can conduct a quick scan and assess whether your employment contracts are up to date. Is the non-competition clause and non-solicitation clause adequately justified? Do the employment contracts still comply with the most recent legislation?
Corporate law
If there is a dispute among shareholders or between shareholders and the board, if you are considering an acquisition, or if you need legal advice regarding your business, we are here to offer our advice.
Apart from the business side, disputes and disentanglements often bring forth a lot of emotions. We have extensive experience not only acknowledging these emotions but also ensuring they do not influence the business aspect of the matter.
We always seek the most suitable solution for you, meticulously and powerfully build a case file, analyze every aspect of the matter, pay attention to details, and determine the right (strategic) steps. We make every effort to reach an agreement through amicable discussions, but we are also willing to take a tough stance when necessary. Litigation is certainly an option.
In acquisitions, we handle not only the corporate and employment law aspects but also have specialists in our network to conduct thorough due diligence in other legal areas.
In the field of corporate law, you can approach us for:
- Drafting and reviewing contracts within corporate and commercial law, such as distribution agreements, agency agreements, and franchise agreements;
- Advice on corporate law / corporate governance, including drafting and reviewing shareholder agreements;
- Advice on all legal forms, such as sole proprietorship, partnership, limited partnership, general partnership, private limited company (BV), public limited company (NV), joint ventures, and other forms of collaboration;
- Disputes among shareholders, partners, and directors;
- Advice on restructuring, mergers, and acquisitions;
- Advice on the liability of directors, supervisors, and shareholders;
- Guidance during an acquisition process, management buy-out, and controlled auction. From the letter of intent and the purchase agreement to assistance during the notarial transfer;
- Drafting and reviewing general terms and conditions;
- Due diligence investigations, both digital and physical;
- Debt collection procedures
Corporate Litigation
When you’re an attorney who doesn’t enjoy litigation, you always try to resolve disputes and conflicts amicably. It’s a commendable goal. We, too, will always first explore and tread that path. However, sometimes you do a disservice to your client by not litigating; sometimes a case demands a trip to the court, or negotiations lead in that direction. It’s good to know that we certainly don’t shy away from litigation. In fact, we litigate often and successfully.
The reason: we always remain businesslike, meticulously and powerfully build a case file, analyze every aspect of the matter, pay attention to details, determine the right (strategic) steps, articulate our story sharply, and stand strong in the courtroom. And, of course, we always remain humane.
The fact that we are well-versed in the playing field of legal procedures also proves beneficial during negotiations to avoid litigation.
The 5 promises of Labour&Law.
Our lawyers, paralegals, and (support) staff all bring their own experience, expertise, and personality to the table. This gives our office character and color. And what we have in common is this:
- We listen carefully to what you want.
- We aim for the best result for you.
- We always think in terms of solutions.
- We persist where others stop.
- We use clear language.