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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

Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?

April 19, 2021|

There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.

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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