Labour law

Labour law is constantly changing. The Public Servants (Standardisation of Legal Status) Act (WAB), the Balanced Labour Market Act (WNRA), Supreme Court rulings and economic, technological and social developments are changing your daily practice. The focus is increasingly on an integral approach, coordination with other disciplines and anticipating developments, both within and outside your organisation and within and beyond the Netherlands.

I would be happy to give you legal advice on Labour law.

Ilona de Graaff

Lawyer

The labour law team

Our team of lawyers and legal assistants is at home in Labour Law for Healthcare, Government, Education and Business. Some questions are generic, others very specific to a single sector. All of our labour lawyers are familiar with one or two sectors, so there is always a specialist available to contribute to your thinking on this subject. Including after hours.

 

Labour law is not limited to the borders of the Netherlands. Whether it concerns the drafting of contracts for expatriates, reorganisation of an international nature or an employee living in a neighbouring country, our labour lawyers know all the ins and outs. They have specialist knowledge and experience and are fluent in English or German. In addition, Nysingh is a member of the international TAGLaw network, a global network of more than 160 law firms in more than 90 countries. Our network enables us to call on the services of expert lawyers who are familiar with local legislation and regulation.

In addition to companies and public and semi-public organisations, we assist individual directors (under the articles of association), supervisory boards and employee participation bodies.

Practical solutions

No lengthy advice, but practical and real solutions to suit your case. For example, discussions with you regarding the step-by-step plans for ‘dysfunctional employees’, ‘sick employees’ and ‘immediate dismissal’ will inform you in advance of the steps to take and in which order, of your role as an HRM advisor and what a manager must do and refrain from doing in order to achieve a sustainable dismissal. In these discussions we will always explore the alternative routes with you. Indeed, your goal can often be achieved in several ways. Discussions with you about process, alternatives and anticipation of, for example, the reaction and commitment of the other party, will enable you to anticipate situations and maintain control of the process.

 

We are happy to work together with your HRM staff and corporate lawyers, and our colleagues from other jurisdictions. By working together, we can achieve the best solution for you and deploy our own knowledge and experience most efficiently. In addition, we like to know what is happening on your side. Occasional conversations about your objectives, rather than only addressing current matters, enables us to provide a pro-active service. In the process we discuss things that are going well and give tips on what could be improved. It is inefficient to have the same kind of case land repeatedly on our desk, so if we can prevent that, we are happy to do so. In this way we contribute to keeping your costs of legal assistance under control. If desired, we can give you an advance estimate of our expected time expenditure in this regard, so that you can come to a well-considered choice for this service.

Strategic advice

In addition to advising on individual cases, we are also happy to contribute to your thinking on strategic issues such as reorganisation, restructuring of your company, concern or group, the labour law consequences of merger, demerger, cooperation or (de)privatisation, business transfer, change of employment conditions, integrity policy, privacy issues, etc. Here, too, good preparation is half the battle. Who needs to be involved and at what stage? What can and cannot be done? How can you take all wishes and, sometimes, conflicting interests into account? These are all questions for which we will formulate answers together with you and, if necessary, guide you in the relevant processes.

Policies and regulations

In addition to advising and litigating, we assist you in drawing up general regulations. For example, a code of conduct, integrity policy, privacy codes and regulations for the executive board, supervisory board or employee participation bodies. If the rules within your organisation are clear in advance, enforcement becomes a lot easier. Where a strict, zero-tolerance policy applies and is practiced, (immediate) dismissal in the event of a violation is more likely to stand. Clear rules and procedures can also help prevent and limit disputes.

Mediation as a solution

 We are convinced that some disputes do not benefit from litigation. On the contrary, labour conflicts are very suitable for resolution under the guidance of a mediator.

In mediation, employer and employee – within the confidentiality applicable to mediation – enter into dialogue. During this conversation they can discuss the various insights and, under the guidance of the independent mediator, look for solutions to the dispute.

Two of our labour lawyers are also MfN registered mediators.

 Get acquainted? Questions about the following?

  • Entering into and formulating an employment contract;
  • The opportunities to change terms of employment;
  • Flexible employment;
  • Platform work;
  • How to deal with dysfunction, labour conflicts, violation of employee behaviour standards;
  • Sickness and occupational disability;
  • (Immediate) dismissal;
  • Reorganisation;
  • Business transfer;
  • Employee participation;
  • Standards for Remuneration Act;
  • Dismissal of statutory director;
  • Social security;
  • International labour law;
  • Mediation in labour law.

 

Feel free to call one of our labour law specialists.

 

Online Labour Law Seminar, training courses and alerts

 We keep our clients informed of relevant developments through (sector) newsletters, alerts, the monthly Online Seminar in which labour law current affairs are discussed and through our conferences and lectures. In addition, we give training courses and workshops on a very regular basis – at clients’ offices and through the Nysingh Academy.

 

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