The legalities of employment are complex. The various contracts, wildly different employment conditions, dismissal, sickness, disability, collective labour agreements, pensions… The list goes on. Sometimes, disagreement about one of these legal aspects leads to conflict between employer and employee. We provide assistance to both employers and employees. Our favoured approach is to prevent conflicts from escalating, avoid litigation, and bridge conflicting interests.
These days, working takes many guises. Besides the traditional employment contract, for instance, there are those who work as freelancers, on commission, on the payroll, or through job-finding platforms. We can expertly advise our clients on all these forms of work.
For companies and organizations
Individual dismissal cases, restructurings, negotiating and setting up a redundancy plan, issues surrounding illness (the Wet verbetering poortwachter, Eligibility for Permanent Incapacity Benefit (Restrictions) Act) and reviewing and updating contracts. These are just a few examples of situations that arise for companies and organizations, and we are here to assist. Employment law never stands still: the Wet Arbeidsmarkt in Balans (balanced labour market act, WAB) and the Wet Normering Topinkomens (Executives’ Pay (Standards) Act, WNT) are two cases in point. We have up-to-the-minute knowledge of employment law.
Are you facing imminent dismissal or another employment dispute? Or do you want a second opinion? We can advise you and, if it comes to it, assist you with legal proceedings. Perhaps you need help with obtaining a transition payment and/or fair compensation, concluding a termination agreement, or questions about illness and disability. Drawing on our expert knowledge and practical mindset, we give our clients clear and actionable advice. We engage with the opposite party, often agreeing a solution that works for everyone. If litigation is unavoidable, we represent you in court.
Social security law
Benefit payments are also part of our expertise. We can advise on the Wet werk en inkomen naar arbeidsvermogen (Work and Income (Capacity for Work) Act, WIA), the Ziektewet (Sickness Benefits Act), pay sanctions, and unemployment. In addition, we have lots of experience of acting for employees and employers (whether or not they have opted to pay the excess) in objection or appeal proceedings against the employment insurance agency UWV.
Executives’ Pay (Standards) Act (Wet Normering Topinkomens, WNT)
When appointing or dismissing executives, an up-to-date knowledge of the WNT is critical. We have issued numerous recommendations to supervisory boards or directors dealing with this issue.
Although a key employee benefit, many people find pensions to be a complex subject. Pensions provide an income for employees when they retire, or if they suffer a long-term illness. They also provide an income for surviving partners and/or children. We have the expertise to advise on pensions as an employment benefit, and to litigate if necessary. This might be for companies in areas such as mandatory participation, or for current or former employees or their surviving dependants in disputes with the pension fund.
Employment law in practice
These are just a few of the situations handled by our lawyers in 2019:
- Drawing up contracts for an employment agency and checking whether contracts in use comply with the Wet arbeidsmarkt in balans (balanced labour market act, WAB)
- Successfully representing a group of employees of a financial institution at the Court of Appeal in The Hague in a case about the unilateral revision of employment conditions by the employer.
- Obtaining substantial damages/compensation for a senior executive of a global concern due to inadequate redeployment activities within the company.
- The awarding by the Court of substantial, supplementary compensation after it was demonstrated that the employer was acting in a seriously culpable manner in its dealings with our Client.
- Obtaining a ruling in the employer’s favour from the Court of Appeal in Arnhem-Leeuwarden, which found that the employee was underperforming.
- Advising the supervisory board and board of directors of a large healthcare institution on the application of the Wet Normering Topinkomens (Executives’ Pay (Standards) Act, WNT)
- A series of recommendations to a company with over 1000 employees on employment conditions and employment termination law.
- Overseeing the summary dismissal of a lecturer at an educational establishment.
- Assisting an older employee with creating a financial safety net upon termination of their employment contract.
- Various dismissal cases, acting for employers and employees in wholesale, pharma, and the energy sector.