Employees
A proactive application of the rules of labour law has a positive effect on the result of your company.
As an entrepreneur, you take care of your people. After all, your employees are your company’s most important capital. They perform best when they feel connected and are proud to be part of your company. It is important that it is clear how things are arranged within the company, that creates trust. The relationships, rights and obligations of your employees must therefore be properly regulated and laid down. You can do this by means of clear employment contracts, employment conditions and other internal regulations.
If there are reasons to say goodbye to an employee, a lawyer can provide added value. After all, emotions often play a role. The efforts of an attorney at law can contribute to a good farewell. Of course, the focus of the dismissal is on the ultimate (financial) consequences, but attention is also paid to a smooth and professional settlement.
Labour law is constantly undergoing changes, so it is important to seek advice timely. We can assist you in various matters, such as the dissolution of an employment contract, immediate dismissal, advice on competition clauses and the (unilateral) amendment of employment conditions.
In addition, our lawyers have the necessary in-house knowledge regarding employee participation. For example, we can advise you on the establishment of a Works Council and we are happy to assist you with advisory processes with your Works Council.
We are happy to help you in the areas listed below and more.
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SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Richard Ouwerling
Peter Verheijden
More about employees
Sick employee does not cooperate in reintegration: employer actions
A reintegration process starts by the employer reporting sick. Earlier, we wrote an article about the steps that should be taken in a reintegration process. But what if the sick employee does not cooperate? Which actions can you take as an employer to get the reintegration process back on track or can the employer fire the sick employee if he does not cooperate?
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.
Can a cash payment made after the bankruptcy date be reclaimed?
Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.
