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Employment law and employee representation

As a businessman, you look after your people. After all, your employees are the most important asset of your business. They perform best when they feel committed to your business and are proud of being part of “the club”. An important aspect is that it is clear how matters are organised within the company; it creates trust. This is why the relationships, rights and obligations of your employees have to be properly organised and documented. Examples are employment and management contracts, executive contracts and changes to the terms and conditions of employment.

If there are reasons for an employee to leave the company, a lawyer may add value to the process. These are after all emotional times; in such cases, having a lawyer may contribute to a smooth departure. Naturally, during a dismissal procedure, the focus is on the ultimate (financial) consequences, but we also aim to settle the matter fast and professionally.

As labour law has undergone a number of changes, it is important to get advice in time. We can help you to dissolve and terminate employment contracts, to dismiss a director under the articles of association and with redundancy schemes. You can also consult us if there are issues with a non-competition clause.

Our lawyers have plenty of knowledge of employee representation. Issues such as installing a works council, the collaboration with the works council or resolving a dispute with the works council form part thereof.

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The instant dismissal by Ryanair due to refusal to change work locations is upheld

Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given. An employee with Polish nationality structurally refused to cooperate in a change in her work location from Eindhoven to Dublin. Both parties agreed on an employment contract in which parties declared Irish law to be applicable. In addition, the employment contract explicitly stated that the employee could be transferred to another location at any time.

Court of Appeal rules that ‘pre-pack is a transfer of a company’


In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.

Right to prior consultation Works Council in the event of bankruptcy


In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.

The House for Whistleblowers Act has come into effect

On 1 July 2016, the Dutch House for Whistleblowers Act (Wet Huis voor Klokkenluiders) came into effect. Pursuant to this act, employees who have a suspicion of abuse within the organisation for which they work can turn to the House for Whistleblowers if the employer does not have a (adequate) procedure in place or the employer has failed to handle an internal report correctly.

Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 75 verheijden@lvh-advocaten.nl
Lisa Kloot

employment Law and employer representation

+31(0)10 209 27 61 kloot@lvh-advocaten.nl

More lawyers >
The instant dismissal by Ryanair due to refusal to change work locations is upheld

Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given. An employee with Polish nationality structurally refused to cooperate in a change in her work location from Eindhoven to Dublin. Both parties agreed on an employment contract in which parties declared Irish law to be applicable. In addition, the employment contract explicitly stated that the employee could be transferred to another location at any time.

Court of Appeal rules that ‘pre-pack is a transfer of a company’


In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.

Right to prior consultation Works Council in the event of bankruptcy


In the case between the Works Council and the receiver of the chain of chemist's shops DA, the Netherlands Supreme Court issued a judgement on 2 June 2017, in which in summary it ruled that the right to prior consultation of the Works Council, as incorporated in Article 25 of the Works Council Act (WOR) in principle also applies to the event in which a company has been declared bankrupt.

More articles >