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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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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.

Compensation transition payment in case of dismissal after long-term occupational disability?

Minister Asscher of Social Affairs and Employment announces an adjustment to the Wet werk en zekerheid (Wwz - employment and security act).

Peter Verheijden

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

+31 (0)10 209 27 75
Lisa Kloot

employment Law and employer representation

+31(0)10 209 27 61

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Dismissal due to violation of a smoking ban

Companies that work with dangerous substances often have a total smoking ban in place, which includes the yard. An employee of Elementis Specialties in Delden was recently dismissed with immediate effect for violating the smoking ban that applies at that company. The employee subsequently applied to the subdistrict court of Almelo to claim continued payment of wages and reinstatement.

Dismissal due to social media use

Social media use has changed the world. A single Twitter message can suddenly prove very popular and be retweeted so often that the number of readers exceeds that of the entire circulation of the national newspapers. While this is usually not the case, it is wise to take account of the fact that people are always looking over your shoulder. According to case law, social media use can have job consequences as well. Employers are reading it too, and employees have already been fired over it. The lines between public and private are becoming blurred.

Foreign Nationals (Employment) Act

Fines imposed by the Social Affairs and Employment Inspectorate Employing foreign nationals in the Netherlands often requires a permit, the so-called work permit for non-EU nationals. This is provided for in the Dutch Foreign Nationals (Employment) Act (Wet arbeid vreemdelingen Wav). At present, the permit requirement does not apply to employees from other EU countries or employees from the countries that are members of the European Free Trade Association EFTA: Switzerland, Liechtenstein, Norway and Iceland. For employees from all other countries, a permit must be applied for before the employee is allowed to get to work in the Netherlands. If that permit has not been obtained, there is a major risk of an inspection by the Social Affairs and Employment Inspectorate (formerly named: Labour Inspectorate), and a fine report.

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