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Richard Ouwerling LVH advocaten

Richard Ouwerling

Specialised in:
Employees and Conflicts

Education

Dutch law at the Erasmus University Rotterdam. Graduated in private law and company law in 2001. Richard wrote his thesis on the application of the seniority principle at the UWV. Successfully completed the specialist course in Employment Law at the Grotius Academy (2009).

Lawyer at LVH

Since January 2023.

Function and facts

Richard deals daily with reorganisations, employment conflicts, employment law aspects of mergers and acquisitions, employee participation law, competition disputes and unilateral changes to employment conditions. He specialises in collective dismissals, complex individual dismissals, occupational disability and employer liability.

Richard assists both national and international companies, particularly in the sectors Transport & Logistics, Construction & Real Estate and Retail. He has extensive litigation experience.

Expertise

Employees and Conflicts.

Competences

Excellent analytical skills and very pragmatic. Decisive and driven. Confidant and sparring partner for SMEs. Because of these qualities able to prevent and solve complex problems with personnel.

Registration of Legal Areas

Pursuant to article 35b, first paragraph of the Legal Profession Regulations Richard has registered the following areas of law in the register of areas of law of the Netherlands Bar Association: employment law. This registration obliges him to obtain ten training points for each registered area of law each calendar year in accordance with NOvA standards.

Personal characteristics

Committed, decisive, expert and clear.

Memberships / extracurricular activities

  • Richard is a member of the Rotterdam Employment Lawyers Association (VRAA) and the Dutch Employment Lawyers Association (VAAN).

Richard writes many accessible articles on current employment law topics.

Articles

Employee leaving sick: what about premium differentiation?

April 26, 2021|

Are you familiar with the financial consequences of a sick employee leaving your company? The Sickness Benefits Act and WGA premiums are differentiated. This means that the premiums depend on the inflow of employees who became ill on the last day of their employment or within 4 weeks after the dismissal date. In this article we discuss the premium differentiation and the calculation of this premium.

Justified employee job reassignment after serious incident?

April 19, 2021|

A question that we as employment lawyers receive with some regularity is whether an employee can be placed in a lower position with a lower salary after one or more incidents. In many cases an employee will not voluntarily agree to this and the question arises whether a unilateral change of position is possible. This question was addressed by the subdistrict court in its judgment of December 31, 2020.

Summons Dismissal: Requirements and Recent Rulings

April 14, 2021|

Many employers are occasionally confronted with an employee whom - in view of the seriousness of the conduct - they wish to part with immediately, i.e. dismiss summarily. But is this really possible? In this article, we will discuss the requirements for summary dismissal and three recent decisions by subdistrict courts that have ruled on summary dismissal.

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