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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

WW premium: low or high rate?

December 18, 2019|

With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.

Terminating an Agency agreement by the Principal

December 17, 2019|

An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.

The shareholders’ agreement: what if agreements are not kept?

November 28, 2019|

In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.

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