Employees
(Amendment of) employment conditions
The terms of employment of your employees are central to every employment contract. It is of course of great importance that not only the interests of your employees, but also those of you (during and after employment) are properly safeguarded. Drawing up these conditions deserves serious and permanent attention. We are happy to help you with this.
Modification of terms of employment
Not only drawing up, but also (being allowed to) change the terms of employment of your employees is a subject you regularly have to deal with in a variety of situations. When merging – harmonizing – terms of employment (e.g. after a takeover), when changing tax regulations or when business economic circumstances give cause to do so, such as a Corona crisis.
It is important, first of all, to determine what you want to change and whether this is in fact an employment condition or, for example, an orderly regulation (for example: prohibition of alcohol consumption during work). In the latter case, the rules for changing employment conditions do not apply. Rules of order fall under the instruction law of the employer.
When determining the possibility of adjusting terms of employment, it is also important whether the terms of employment are primary, secondary or tertiary.
Grounds for amending terms of employment
If you want to change employment conditions, you will initially consult with your employee(s) and ask them to agree in writing to the proposed changes. If an employee does not give his or her permission to change the employment conditions, there are several possibilities to realize a desired change of employment conditions, namely unilateral change (if agreed in the employment contract), good employee and employer manship, reasonableness and fairness and unforeseen circumstances.
Terms of employment and transfer of undertaking
After a company’s transition, there is often a need to harmonize terms of employment. Would you like to change employment conditions after a transfer of undertaking? There may be special circumstances that you need to consider. Such as acquired rights, transitional arrangements to be made and applicable collective labor agreement(s).
Employment law Lawyer
If you would like to know more about workable and effective terms of employment and how you can change these in different situations, please contact Peter Verheijden or Lisa Kloot.
More about employees:
Click further if you would like to know more about how we can advise you on the areas/subjects below:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Richard Ouwerling
Peter Verheijden
More about employees
Dismissal during illness versus dismissal due to illness
The employment contract of a sick employee can (despite the prohibition on giving notice during illness) be dissolved by the subdistrict court. That is, if (a) there is a legal ground for dismissal (for example, a disturbed working relationship or dysfunction) and (b) the request for dissolution is not related to the illness.
How does rent protection work for tenants of medium business space when terminating the lease?
There are two different lease regimes for the lease of business space: lease for medium business space, such as stores and catering establishments (7:290 business space) and other business space (7:230a business space). This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) .
Tips and tricks for a cooperation agreement
Under the guise of "together you are strong," parties regularly enter into cooperation agreements. In this article, contract law attorney Gentia Niesert explains what a cooperation agreement is and provides some tips and tricks for drafting one.
