Labour law

As an expert in labour law, we give advice on your legal status as an employer and you will receive  direct legal assistance in the event of personnel problems (such as inadequate performance, misconduct or a disturbed employment relationship). This is also offered on a subscription basis ! In addition, we assist you with other employment matters, such as assessment of the scope of the collective agreement, problems involving sick personnel, restart and bankruptcy, takeover and reorganisation, etc. 

Below you will find a more detailed overview of the topics we can assist you with. Call or send an email to our experts H. Vercammen, LLM or A. Hardy, LLM on:

+31 (0)20-3450152 

Interested in an on-site labour law training for yourself and your managers?

We can organize for your company on the following subjects:

  • Employee file structure and dismissal
  • Employee file structure and incapacity for work
  • Privacy and employees

For more information send an email to or call +31020-3450152.

  • Advice/application for dismissal UWV or district court
  • Assessment, preparation and negotiation of settlement agreement attestation by mutual consent
  • Immediate dismissal and trial period
  • Incapacitated employees
  • Non-competition and non-solicitation clause
  • File compilation inadequate performance and culpable conduct
  • Laws on collective agreements (CA) and CA scope investigation
  • Due diligence employees in case of acquisition
  • Dismissal of the statutory director
  • Drafting employment contracts, staff regulations

Real-life examples

Real-life problem 1: Inadequate performance
Employee does not perform the commercial tasks properly and is constantly putting it off. He gets bogged down in internal administration. 
. The many informal conversations do not lead to improvement. You are sick and tired of it and ask us: ”I want to dismiss this employee because of a disturbed employment relationship, is that possible?”.

Our approach:
We first select the ground for dismissal, which at first glance is attributable acts or omissions (not so much a disturbed employment relationship). We provide you with instructions on the content of official warnings, requests for witness statements from colleagues and customer complaints. We advise on the content of a conversation with the employee to give him a warning.
Outcome of the real-life case:
Following this approach, a settlement agreement was signed, only awarding the (low) transition fee and the employee immediately disappeared from the workplace.

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Real-life problem 2: Sick employee
In this case, we assisted the employer with a difficult situation of a sick employee. After a “healthy” 7-month period, the employee reported sick again, immediately following a conflict in the workplace. 

Employee claims to be overworked, to which physical complaints are added at a later stage. The OHS physician is constantly failing to keep up with the facts. Employee disagrees with the options the OHS physician considers practicable and reports that he is unable to perform these and subsequently exhibits other physical complaints. 

Reintegration does not progress for too long and partly to prevent UWV wage penalties, we advise the employer on how and when to use penalties to mobilise the employee again. We write letters to the employee and advise the employer on how to act in respect of the OHS physician.

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Real-life problem 3: flexible contract
A major local player in childcare asked us to make the contracts of their day care leaders with a flexible contract more secure and to bring them more in line with the statutory rules.

It particularly concerned 
the risk surrounding the presumption of the scope of work where the number of hours and times for each period are insufficiently fixed.
In that case, there is a risk that in retrospect those hours will have been very constant for that period, without establishing the reasons.

The employee
may infer a future entitlement from that. In practice it turned out that because certain issues were recorded contractually for administrative reasons, this could encourage such claims from employees. We corrected this by recommending a different contract structure and content.

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Real-life problem 4: Employment Documentation
A client, an automation expert focusing on SMEs, asked us to draw up a new model employment contract as the current model contract had already been used for several years.

Particularly because of the new WWZ, this poses great risks since the labour law rules have changed dramatically since 1 January 2015.

For instance with regard to a trial period
, the non-competition clause, giving notice and the (financial) risks and consequences if these provisions are not in accordance with the law, such as nullity of the agreement and penalties. We have, therefore, provided a new model employment contract, including an instruction manual so all new (WWZ) provisions are also explained in plain language.

Moreover, because
there were no employer instructions, for example in respect of leasing cars, internal rules, equipment provided and absenteeism, we have also prepared a loose-leaf manual, which can be easily adapted to the client.

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