Employment

“The Employment and Co-governance Law Group is well-reputed in the market. Our attorneys regularly publish in professional literature and give courses and trainings.”

Kennedy Van der Laan’s employment practice is substantial, highly expert, and broad in scope. Our attorneys deal with the consequences of all forms of corporate transactions, including (international) mergers and acquisitions, outsourcing and business restructuring.

We handle all of the normal ongoing employment conditions and employee co-governance for our clients.

Our attorneys also consult and negotiate with works councils and trade unions and offer guidance to directors of corporations.
We are expert in the specific rights and obligations associated with government employment. Our employment law attorneys are experienced legal advisors and – if necessary – competent legal representatives in all these areas.

Our attorneys specialize in:

The Employment and Co-governance Law Group is well-reputed in the market. Our attorneys regularly publish in professional literature and give courses and trainings to clients and attorneys. They are also members of the main (international) employment law associations.

Civil servants law

Civil servants law is a special area of law. It is true that the relationship between civil servants and government institutions can be compared to the relationship between employers and employees, but civil servants law has a completely different legal framework.

Read more about Civil servant law at Kennedy Van der Laan.

Chambers Europe 2017 – Employment – Band 3

What the team is known for Has a distinguished national reputation for its representation of clients in the area of employee participation on behalf of both employers and works councils. Other areas of strength include privacy and governance matters. Boasts particular sector expertise in the technology and healthcare sectors.

Strengths Clients praise the team’s coordination and expertise, stating: “They have good collaboration, are quick to respond and have an in-depth understanding.”

Interviewees also appreciate the firm’s supportive approach to client service: “The whole team is very flexible and eager to assist each other on matters which are not directly related to the expertise of the lawyer who is handling the case.”

Work highlights Represented Turien & Co in negotiations with the trade union and works council following a reorganisation impacting 150 employees.

Acted for UWV on its employment law work including advising on a number of dismissals and amendments to internal policies.

Significant clients Microsoft, Nike, Liberty Global, PepsiCo, Ziggo.

Notable practitioners

Eva Knipschild advances in the rankings following excellent feedback from sources. Peers remark that she is “very impressive” while clients highlight her keen “eye for timetable and political issues.” She recently assisted Martinair Holland with all of its employment and co-governance work, including dealings with works councils and trade unions, reorganisations and dismissals.

Clients describe Chris Nekeman as “quick to respond with good technical knowledge.” He is well known for assisting individuals, businesses and works councils with employment law litigation. A highlight was his representation of Rabobank in litigation regarding a number of dismissals.


 

Chambers Europe 2016 – Employment – Band 3

What the team is known for Experienced in employee participation issues, advising both employers and works councils. Also strong in matters relating to governance and flexible workforces. Notable for a strong sector focus in technology and healthcare, representing numerous hospitals.

Strengths (Quotes mainly from clients)

“I have a very good opinion of the firm. Its value for money is amazing, the lawyers are very responsive and their work is excellent because you get what you need, on time.”

“The lawyers maintain the young and bold energy the firm stands for. They are highly qualified and the partners are very distinguished lawyers.”

What’s new? Exact Software and Rabobank are new clients.

Work highlights Advised UWV on union and works council issues, internal policies and several dismissals.

Assisted IBM’s Central Works Council with employee participation issues and privacy matters.

Notable practitioners 

Eva Knipschild is an expert in flexible workforces, including matters related to freelance and on-call workers. Clients say she is “quick at responding, very on target with her support and advice and very strategic.” She acted for Martinair on a range of matters, including dismissal cases and negotiating with works council and trade unions.

Department head Chris Nekeman specialises in co-determination advising both employers and works councils. A client enthuses: “He is one of a kind and always delivers. He is a brilliant man and an outstanding organiser.” 

Significant clients Liberty Global, Microsoft, Nike, PepsiCo, Reed Business/Elsevier.


 

Legal 500 EMEA 2017 – Mediation – Tier 1

Kennedy Van der Laan’s Eva Knipschild has a strong track record in mediation, particularly in employment disputes.


 

Legal 500 EMEA 2017 – Employment – Tier 2

Chris Nekeman leads Kennedy Van der Laan’s team, which is praised for its ‘international focus’; clients include Microsoft and Nike. The practice is particularly adept in trade union negotiations, employee participation matters and outsourcing. Eva Knipschild is ‘extremely reliable, responsive and client-focused’.


 

Legal 500 EMEA 2016 – Mediation – Tier 1

Kennedy Van der Laan maintains an active mediation practice, with a strong track record in employment-related disputes. Eva Knipschild is a registered mediator with the Mediators Federation Netherlands (MFN).


 

Legal 500 EMEA 2016 – Employment – Tier 3

Practice head Chris Nekeman of Kennedy Van der Laan represented UWV in various dismissal cases, as well as in dealing with labour unions and works councils. The department also advised Spaarne Gasthuis, VLM, Nike and Rochdale. Eva Knipschild is praised for her ‘strong international focus’ and ‘reliable, comprehensive advice’.

Rules for Holidays: Here They Are

At the end of summer, a frequently asked question is: how many holidays do I have left? This question becomes more pressing if a an employment is...

28 september 2017 

Denying Transition Fee to Old-Age Pensioners Prohibited Age Discrimination?

The law provides that an employee is not entitled to a transition fee when the termination of the employment agreement occurs in connection with or...

22 august 2017 

Appraisals. Checklist About Employees Performing Poorly [6 Requirements]

At this time of year, with bi-annual appraisals approaching, we should focus on employees performing poorly. Below, Eva will give an explanation of...

01 august 2017 

An increase in termination compensation?

On 1 July 2015, the legislator introduced the fair compensation in Dutch employment law. If a notice of termination can be nullified, the employee...

10 july 2017 

Summary Dismissal of a Sick Employee; Think Again!

When the re-integration process of a sick employee is difficult, this may lead to disputes between employer and employee. We found a recent example...

31 may 2017 

Amendment Arbowet: Company Doctor’s Position Reinforced

On 25 January 2017 the Dutch Senate adopted a bill amending the Working Conditions Act (in Dutch: “Arbowet”). In summary, the new act aims to...

18 april 2017 

The Legal 500 Rankings 2017

The Legal 500 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

13 april 2017 

Chambers and Partners Europe Rankings 2017

Chambers and Partners has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...

13 april 2017 

Is It Possible to Pass On the Transition Fee in the Hourly Wage in Advance?

Previously, Eva Knipschild wrote an article about the tricks employers use to circumvent the transition fee and about an employer who was punished...

19 january 2017 

Spot the Differences: Self-Employed or Employee?

There is a lack of clarity on the question when a person must be regarded as self-employed or as an employee. The DBA Act was meant to clear things...

20 december 2016 

Enforcement of Assessment of Employment Relationships Deregulation Act Postponed Until At Least 1 January 2018

On 2 February 2016, the Dutch Senate approved the bill Assessment of Employment Relationships Deregulation Act (in Dutch: “Wet DBA” or “DBA...

23 november 2016 

No Transition Fee If Collective Labour Agreements Have Equivalent Provision

An employee who is dismissed is entitled to the transition fee when the employment agreement has lasted for at least two years and has been...

18 november 2016 

Senate Agrees to Standardization of the Legal Status of Civil Servants Act

Servants Bill. In short, this bill entails that under the new Act civil servants can get an employment agreement instead of an appointment under...

18 november 2016 

Expenses Incurred by the Works Council; What Are the Rules?

Last Monday, the news came out that the members of the Central Works Council (Centrale Ondernemingsraad, “COR”) of the police had resigned. The...

10 november 2016 

Supreme Court Put a StiPP to the Allocation Function

In the past months, the judgment of the Supreme Court in the StiPP has been anxiously awaited. A discussion has been going on for a long time about...

09 november 2016 

Can One Circumvent the Transition Fee by Using an Incorrect Notice Period?

Can employers, deliberately or not, use an incorrect notice period to circumvent the transition fee? In the event of dismissal of an employee who...

03 october 2016 

Jobs Deal Achieved; No Quota for Work-Disabled Persons in 2017

The first objective from the Jobs Deal and Work-Disabled Persons Quota Act ('Jobs Deal Act') has been achieved. As a result, the quota regime for...

30 august 2016 

The Works Council's Right to Advise During Bankruptcy

If a company goes bankrupt, the receiver may decide to sell the company. Pursuant to the Dutch Works Councils Act (Wet op de ondernemingsraden,...

17 august 2016 

WWZ and WNT: Like Cat and Dog?

The Executives' Pay Standards Act (Wet normering topinkomens, “WNT”) sets ‘employment termination fees’ for ‘top executives’ at a maximum...

06 july 2016 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 2016

Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...

27 june 2016 

How Far Must Employers Go to Prevent a Damaged Working Relationship?

On 25 April, the Court of Appeal Arnhem-Leeuwarden rendered a judgment showing that great efforts are expected of employers to prevent a damaged...

22 june 2016 

The Dutch DPA publishes policy rules about the processing of personal data concerning the health of sick employees

On 21 April 2016, the Dutch Data Protection Authority ("Dutch DPA") published the (new) policy rules ‘The Sick Employee’, about the processing of...

13 may 2016 

Re-employment in the event of dismissal: employers must make an effort

Under the Work and Security Act dismissal is only possible if the employer has considered re-employment. What is the scope of this...

11 may 2016 

Important amendments to the Work and Security Act

On 21 April 2016 Minister Asscher sent three letters to the Dutch Lower House of Parliament with proposed amendments for various bottlenecks on the...

02 may 2016 

The Legal 500 rankings 2016

The Legal 500 has published its rankings for 2016. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

19 april 2016 

Dutch Senate Adopts House for Whistleblowers Act

On 1 March 2016, the Dutch Senate agreed to the bill called ‘House for Whistleblowers’ (Huis voor klokkenluiders). This bill creates a...

21 march 2016 

Everything about the Word ‘Theft’ in the Dismissal Letter

Is your employee stealing? Then you should summarily dismiss him and confirm this dismissal to him in writing. And take care how you formulate...

21 march 2016 

Kennedy Van der Laan Strengthens its Employment and Commercial Teams

On 15 February, Jessica Dietz started at Kennedy Van der Laan as an employment law attorney. On 1 March, Jelle Blom will join the Commercial Team to...

23 february 2016 

Act to Keep Working After Retirement Age to Enter into Effect on 01/01/2016

Previously, we have informed you about the consequences of the Work and Security Act for the position of employees who have reached state retirement...

27 november 2015 

Re-employment after Dismissal: 5 Most Frequently Asked Questions (and Answers)

Under the Work and Security Act (“WWZ”) that entered into effect on 1 July 2015, an employee can now only be dismissed if he cannot be...

27 november 2015 

The SER Merger Code 2015

The most important changes of the SER Merger Code 2015. The SER Merger Code (“Merger Code”) protects the interests of persons working in an...

04 november 2015 

Kennedy Van der Laan co-author of ‘Social Media and Employment Law – An International Survey’

Ester Damen and Soo-ja Schijf, both employment law attorneys, cooperated in the book ‘Social Media and Employment Law – An International...

29 october 2015 

Calculate Your Transition Payment Here

As of 1 July 2015, the law will grant each employee who has been employed for at least 24 months a transition payment when the employment agreement...

29 september 2015 

Martinair Allowed to Scale Down and Reorganize Fleet

Kennedy Van der Laan guided Martinair in the legal proceedings against the Works Council Martinair may continue to reorganize and scale down its...

03 september 2015 

Employment Law Attorney Ard Wallast Joins Kennedy Van der Laan

This month the employment law attorney Ard Wallast started at Kennedy Van der Laan. Ard (1982) advises clients mainly in the field of individual and...

31 august 2015 

Fixed-Term Contracts? Remember the Obligation to Notify

Employers are obliged to inform an employee on a fixed-term contract about his future in good time. If they fail to do this, they will be fined....

26 august 2015 

Termination with Consent

Section 7:671 of the Dutch Civil Code ('DCC') provides that an employer cannot terminate an employment agreement with legal effect without the...

30 may 2015 

Summary Dismissal

Since the entry into force of the Work and Security Act (“WWZ”), summary dismissal remains possible, albeit with a few changes. Urgent Reason A...

30 may 2015 

Procedural Law of the Work and Security Act

Procedural Law of the Work and Security Act If an employee does not agree to the termination and no termination agreement is concluded either, an...

30 may 2015 

Transition payment

1.1. Former termination fee regime Under former law, the amount of a termination fee largely depended on the route of dismissal chosen. When...

30 may 2015 

UWV Dismissal Procedure

The consent of the UWV (the Employee Insurance Agency) is required to terminate an employment agreement either on commercial grounds or on grounds of...

30 may 2015 

Special Position of the Older Employee

Since the entry into force of the Work and Security Act (“WWZ”), the normal rules will continue to apply to older employees until they have...

30 may 2015 

Termination of Employment Agreement

The employer can only terminate the employment agreement if there is a reasonable ground to do so and re-employment of the employee into a different...

30 may 2015 

The Dutch Work and Security Act: what you as a founder of a startup should know

Pursuant to the Work and Security Act (Wet Werk en Zekerheid), the Dutch legislation for employment law has been revised. In this news bulletin, we...

13 may 2015 

Work and Security Act: Sequence System Amended

As of 1 July 2015 the sequence system for successive fixed-term employment contracts will change. The number of successive fixed-term contracts has...

19 april 2015 

Calculation Transition Payment and Compensation Notification Period

Transition Payment and Compensation Notification Period As of 1 July 2015 the law provides for a severance pay in the case of a dismissal at the...

17 april 2015 

The Legal 500 rankings 2015

The Legal 500 has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

16 april 2015 

Update Executives' Pay Standards Act (WNT2)

WNT2 Adopted On 22 December 2014, the Senate adopted the Decrease of Remuneration Maximum Executives' Pay Standards Act. This Act is also known as...

15 april 2015 

Remuneration of Senior Officials: Transitional Law Too Easily Forgotten

In the past year politicians and trade unions have often fumed about the high remunerations of directors of, inter alia, housing corporations and...

15 april 2015 

New Black List as Prevention Tool Against Criminal Health Care Providers

Recently, the Employers' Association ZorgZijn has put the Warning Register Health Care & Welfare (hereinafter the “Register”) into operation....

30 december 2014 

Dismissal Becomes Harder for Payroll Firms

Today it is still easy for a payroll firm to terminate an employment agreement, but this will change as of 1 January. Payrolling ensures ‘a better...

27 december 2014 

Manual in order to the new Dutch Work and Security Act

Sdu publishes explanation to new Act by Eva Knipschild. The Dutch Work and Security Act will enter into force on 1 January 2015. This Act...

28 october 2014 

New Approach of Labor Conflicts and Illness?

Labor conflicts and illness often go hand in hand. Solutions are no easily found. This may change with the introduction of the new version of the...

27 october 2014 

The Work-Related Costs Regime Is Coming!

In October 2010 I wrote an article together with a tax lawyer about the work-related costs regime. At that time the work-related costs regime was...

06 august 2014 

Einschneidende Änderungen im Kündigungsrecht und bei flexiblen Arbeitsmodellen

Am 10. Juni 2014 hat das niederländische Parlament das Gesetz Arbeit und Sicherheit (niederländisch: Wet werk en zekerheid (WWZ)) angenommen. Das...

08 july 2014 

Dutch Work and Security Act: introduction of the transition payment

Current dismissal pay arrangement At present, the amount of the dismissal pay largely depends on the dismissal route. If the cantonal court grants...

10 june 2014 

Dutch Work and Security Act: reform of the law on termination of employment

No longer free to choose between UWV or subdistrict court Under current legislation, an employer who wishes to terminate an employment contract...

10 june 2014 

Dutch Work and Security Act: changes in the non-compete clause arrangement

The current arrangement Under current legislation, the employer and the employee may include a non-compete clause in the employment contract,...

10 june 2014 

Dutch Work and Security Act: a change in the probationary period

The current probationary period arrangement The maximum length of the probationary period depends on the length of the employment...

10 june 2014 

Dutch Work and Security Act: introduction of the notification obligation

Notification period of at least one month From 1 January 2015, the so-called notification obligation applies for temporary contracts of six months...

10 june 2014 

Dutch Work and Security Act: changes for work-on-call contracts

What is a work-on-call contract? A work-on-call contract may take the form of a ‘min-max’ contractual arrangement, in which agreements are made...

10 june 2014 

Arbeitsrecht auf dem Prüfstand

Im niederländischen Parlament (Tweede Kamer) wird zurzeit der Gesetzesvorschlag Wet Werk en Zekerheid’ (Gesetz zur Arbeit und Sicherheit) zur...

03 february 2014 

New Bill with Consequences for Flexible Labor

On 29 November 2013 the Dutch Minister of Social Affairs Asscher sent the bill ‘Work and Security Act’ (Wet Werk en Zekerheid) to the Lower House...

29 january 2014 

Dutch law and demotion of employees

Demotion may seem an attractive solution for poorly performing employees. On 1 October 2013 the Court of Appeal in Den Bosch ruled on the...

28 october 2013 

Reorganisation: Zulässigkeit und Grenzen der Stellenprofilierung

Unternehmerische Entscheidungen führen immer öfter zur Streichung von ganzen Hierarchieebenen und zur Schaffung neuer Stellen mit zum Teil höheren...

30 september 2013 

Advantages and disadvantages of hiring on-call staff

A company recently established in the Netherlands may have a need for flexible staff. In this article we will outline the company's (contractual)...

09 september 2013 

Director Reconsiders Reorganization Decision After Positive Advice of Works Council

Section 25 of the Dutch Works Councils Act (Wet op de Ondernemingsraden (‘WOR’)) stipulates in which cases an employer must request the Works...

02 september 2013 

Transfer of Undertaking: Acquirer Under Circumstances Not Bound by Provisions in Collective Agreements Determined After Date of Transfer

This decision concerns a request for a preliminary ruling regarding Article 3 of Directive 2001/23/EC (“Directive Transfer of Undertaking”). In...

27 august 2013 

Employees' Legal Position Unchanged When Switching Payroll Companies

Court of The Hague 26 June 2013, C/09/433443/HA ZA 12-1463 The facts A payroll company was responsible for the secondment and payrolling of...

23 july 2013 

Attention All Employers: On-Call Workers Possibly Entitled to Double Pay

Employers have to pay on-call workers who are called to work several times on one day a minimum of three hours per call. This may result in double...

02 july 2013 

Prohibition of Termination for Members of Employee Participation Body

Section 7:670 of the Dutch Civil Code ('DCC') provides that an employer may not give notice of termination of an employment agreement with an...

24 june 2013 

Establishment of ERB Was Wrongly Not Awaited. Right to advise on reorganization.

Employee Representative Body An employer that operates an enterprise employing 10 to 50 employees is obliged to establish an employee representative...

30 may 2013 

The importance of dismissal policy

Court of Noord Holland, Subdistrict Section, Haarlem location, 13 March 2013, 593361/ AO VERZ 13-65 Introduction If an employer catches an employee...

29 may 2013 

Social Agreement: Dismissal Rules Changed Again?

After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...

13 may 2013 

Supreme Court Confirms Rights of Employees in Transfer of Undertaking

The die is cast. On 5 April 2013, the Dutch Supreme Court rendered the long-awaited judgment in the case of Albron Nederland / FNV Bondgenoten et al....

24 april 2013 

Company Doctor's Opinion Prevails Over Expert Opinion of the UWV

Subdistrict Court in Preliminary Relief Proceedings of Bergen op Zoom, 23 January 2013, 752938 VV EXPL 12-148 Introduction If an employer and an...

16 april 2013 

WNT Withstands First Real Test; Income Health Care Officials Maximized

Court of The Hague in preliminary relief proceedings, 11 January 2013, LJN: BY8165 Introduction The Dutch Executives' Pay (Standards) Act (Wet...

03 april 2013 

Court of Appeal Quashes Termination Agreement: Employer Has Violated Duty to Inform

From a recent judgment of the Court of Appeal of Leeuwarden it appears that the employer has a far-reaching duty to inform when concluding a...

19 february 2013 

Adversely Affecting Works Council Members

Adversely Affecting Is Prohibited Section 21 of the Dutch Works Councils Act (Wet op de Ondernemingsraden, "WOR") provides that the employer shall...

18 february 2013 

Does a Non-Competition Clause Affect Severance Payment Amount?

LJN: BY5800, Court of Almelo, Subdistrict section Enschede, date of judgment: 10 December 2012. The current economically harsh times force many...

11 january 2013 

No Well-Considered Resignation after Sick Report via WhatsApp

Court of Groningen 11 June 2012, LJN BY2140 The Facts An employee worked as an intermediary at Flexjob. On 17 April 2012, after a dispute with her...

11 january 2013 

Drastic Change of the Sickness Benefits Act

Sickness Absence Limitation Act and Incapacity for Work of Safety-Netters Underlying Idea of the Legislator A reliance on sickness benefits is...

17 december 2012 

The value of a Vacation Day

Subdistrict Court of Amsterdam 29 June 2012, LJN: BX1486 Employees do not always take all their vacation days and therefore, when they leave the...

29 october 2012 

The Right of the Works Council to Consent to a Profit-Sharing Scheme

Subdistrict Court of Amsterdam, 17 July 2012, JAR 2012/212 The Facts In 2002, a company introduced a bonus scheme in the form of an employment...

25 september 2012 

Summary Dismissal Due to Offer to Moonlight

Court of Appeal of Arnhem 31 July 2012, LJN: BX4601 One of the starting points of an employment contract is that work is performed in the...

25 september 2012 

Is It Allowed to Make a Conditional Summary Dismissal?

Court of Appeal of Leeuwarden, 27 March 2012 (LJN: BW0021) Summary dismissal is an exceptional form of giving notice, in which the employment is...

25 september 2012 

Pension-Related Dismissal Under The Age of 65

Supreme Court, 13 July 2012, (LJN: BW3367) Non-discrimination The principle of non-discrimination on the basis of age is a general principle of...

21 august 2012 

Agreements Between the Entrepreneur and the Works Council

Court of Appeal of ’s-Hertogenbosch 18 July 2012, case no. HV 200.103.257 The Facts The Works Council of Mercedes Benz and Mercedes Benz had a...

21 august 2012 

Employment Agreement Does Not Terminate by Operation of Law When Reaching the Pensionable Age

Subdistrict Court of Haarlem, 30 May 2012, JAR 2012/198 Position of the Employer The employer took the position, despite the absence of a provision...

21 august 2012 

Adoption of Business Plan Is No Policy

Court of Appeal of Amsterdam (Enterprise Section), 30 May 2012, LJN: WW7420 The right to advise as set out in Section 25 of the Dutch Works...

24 july 2012 

Always Reverse an Instant Dismissal Within Six Months?

Supreme Court, 22 June 2012 (LJN: BW5695) The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945...

24 july 2012 

Thorough Reform of Dismissal Law Planned

Plans on drastic modification of Dutch dismissal law and the Unemployment Insurance Act Background and Importance of Reform Plan On 18 June 2012,...

24 july 2012 

Works Council Elections: The Freedom of the Works Council to Classify Electoral Group

Court of Haarlem 10 April 2012, LJN: BW3952 The composition of the Works Council is determined by the outcome of Works Council elections. The...

24 july 2012 

Notice Period for Employer Doubles

Court of Appeal of Den Bosch, 4 March 2012, LJN: BW1040 Statutory Rules for Notice Period Pursuant to Section 7:672 of the Dutch Civil Code...

27 june 2012 

The Netherlands State Is Liable for Holidays Missed

Subdistrict Court of The Hague 6 February 2012, LJN: BV7318, BV7201, BV7212 Background In the Schultz-Hoff judgment of 20 January 2009, the...

29 may 2012 

Employer Also Responsible for Self-Employed Worker Without Employees?

Judgment of the Supreme Court, 23 March 2012, LJN BV0616 Summary The contractor runs a sole proprietorship in which he manufactures and repairs,...

26 april 2012 

Representativeness of Trade Unions in Social Plan

Subdistrict Court of Utrecht, 3 January 2012 (LJN: BU9919) Nowadays, in the event of a reorganization an employer usually drafts a social plan,...

26 april 2012 

Extraordinary Labor Relations Decree Applicable to International Employee?

Supreme Court, 24 February 2012, LJN: BU8512 The Facts On 10 May 2005, an employer and an employee, who has American citizenship, concluded an...

26 april 2012 

Case Law Further Restricts Prejudgment Attachment

Changes to Requirements for Attachment in Attachment Syllabus 2011 Last summer, in June 2011, the conditions set on applications for attachment have...

28 march 2012 

Protection Against Dismissal for Contractors

Dutch Supreme Court, 9 December 2011 LJN: BT7500 The Facts In the period from 1978 until 1 June 2008 the contractor performed work for the TROS on...

28 march 2012 

The Works Council's Right to Advise When Changing the Legal Form of the Employer

Court of Appeal of Amsterdam (Enterprise Section), 10 November 2011, JAR 2012/8 Request for Advice The employer is a foundation that offers child...

28 march 2012 

Extra Power of the Works Council (Delegated by the Trade Union)

Subdistrict Court of Amsterdam, 14 November 2011, JAR 2011/302 The Facts Employment contracts between Telegraaf Media Groep N.V. (‘TMG’) and...

28 february 2012 

Civil Servant's Appointment Also Counts in Provisions on Succession of Fixed-Term Employment Contracts

Subdistrict Court of Enschede, 3 January 2012, LJN: BV0155 The Provisions on Succession of Fixed-Term Employment Contracts In principle, a...

28 february 2012 

Application for Rescission by Employee after Notice of Termination by Employer

Court of Utrecht, Subdistrict section, Utrecht location, LJN:BV0899 Dutch employment law has a dual dismissal system. When an employer wishes to...

28 february 2012 

Transfer of Undertaking: Permanently Seconded Employees Are Also Transferred

Court of Appeal of Amsterdam, 25 October 2011, LJN: BU1290 The Facts The personnel company Heineken Nederlands Beheer B.V. employs about 70...

31 january 2012 

Employer Has No Case: Excess of 30-Days Term After Sectoral Committee

Court of Appeal of The Hague, 29 November 2011, LJN:BU7160 The Facts On 15 September 2009, the employer requested the Works Council to grant its...

31 january 2012 

Amendment of the Collective Redundancy Notification Act

On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Ontslag, "WMCO") will be amended. What changes does this...

31 january 2012 

Polish Posted Truck Drivers Fall Under CAO Declared Generally Binding

Subdistrict Court of Venlo, 10 August 2011, JAR 2011/234 The Facts Mr. Nico Mooy is sole shareholder and director of Mooy Oost Europa Service B.V....

06 december 2011 

Freedom of Expression in Employment Law

Palomo Sanchez and others/Spain There have been proceedings between a Spanish company and four of its employees about the question of whether...

06 december 2011 

Bill to Reinforce Position of Temporary Workers

A bill is required to implement the objectives set out in Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on...

28 october 2011 

Application for Substitute Consent Because Of Refusal of Consent of the Works Council

Subdistrict Court of Rotterdam, 16 May 2011 (JAR 2011/251) The Facts In this case the Municipality of Rotterdam made use of a customer tracking...

28 october 2011 

The Applicability of the BBA to Employees Posted Abroad

Court of Appeal of Arnhem, 12 July 2011, LJN BR3312 The Facts An employee has been employed by an employer since 1 April 1989. The employee...

30 september 2011 

Implementation of a New Business Model and the Works Council's Right to Advise

Court of Appeal of Amsterdam (Enterprise Section), LJN: BR3116 The Facts An employer experiences negative effects from various developments on the...

30 september 2011 

Right of the (Central) Works Council to Litigate - there are more options than you think!

Subdistrict Court of Amsterdam, 23 May 2011, JAR 2011/215 The Facts The Telegraaf Media Groep N.V. (‘TMG’) is bound by the collective labor...

30 september 2011 

Works Council Should Have Awaited Sectoral Committee's Decision. Injunctive Relief Denied

Subdistrict Court of Haarlem, 11 May 2011, LJN BQ4752 The Sectoral Committee In the Dutch Works Councils Act ("WOR" ) it is stipulated that every...

26 july 2011 

Ex Tunc or Ex Nunc Examination in Cases of Manifestly Unreasonable Dismissal?

Dutch Supreme Court, 8 April 2011, LJN BP4804 Until recently, the starting point for proceedings concerning manifestly unreasonable dismissal was...

26 july 2011 

Agreeing a Non-Competition Clause In Writing

Court of Appeal of Leeuwarden, 22 February 2011, JAR 2011/89; Court of Appeal of Amsterdam, auxiliary location Arnhem, 25 January 2011, JAR 2011/149;...

30 june 2011 

Right to Information

LJN: BQ4821, Enterprise Section of the Court of Appeal of Amsterdam, 200.085.372/01 Connexxion performs transport services in the Netherlands,...

30 june 2011 

Breach of Duty to Provide Employees with Information in a Transfer of Undertaking

Court of Appeal of Leeuwarden, 26 April 2011, LJN BQ4843 Provision of Information to Employees in a Transfer of Undertaking Pursuant to the...

30 june 2011 

Proposed Amendment of the Collective Redundancy Notification Act

Discussion of the bill to amend the Collective Redundancy Notification Act in connection with the extension of the scope and to promote compliance...

27 may 2011 

Do Provisions of a Former CAO Have an Effect on the Employees Involved When Another Minimum CAO Has Become Applicable?

Supreme Court, 8 April 2011, LJN: BP0580 On the basis of the Collective Agreements Act (Wet op de collectieve arbeidsovereenkomst (‘WCAO’)),...

27 may 2011 

Suspension and Ceasing to Pay Wages During Illness; an Important Difference

Court of Appeal of Leeuwarden, 29 March 2011, LJN BQ0686 The continued payment during illness has been regulated in Section 7:629 of the Dutch...

27 may 2011 

Trade Union and Works Council No Interested Parties within the Meaning of Section 36(2) WOR in Claim to Cease Consultations with 'Former' Works Council

A discussion of the judgment of the Court of Eindhoven in preliminary relief proceedings, Subdistrict Section, of 21 December 2011, JAR...

29 april 2011 

Failure to Inform Employer of Establishing an Own Competing Business

Court of Appeal of Amsterdam 28 September 2010, case number 200.001.041/01 The Facts The Employer is active on the market for industrial powder...

29 april 2011 

Forced Public Service?

Subdistrict Court of Rotterdam in preliminary relief proceedings, 22 September 2010, JAR 2010/304 Background On 22 September 2010 the Subdistrict...

29 april 2011 

Request for Substitute Consent Following Works Council's Refusal to Consent to New Roster

Subdistrict Court of Maastricht, 24 November 2010, JAR 2011/33 The Facts Under the influence of European rules and case law (the Jaeger ruling, ECJ...

28 march 2011 

Application for Rescission in Connection with Employee's Criminal Conviction

Subdistrict Court of Maastricht, 21 February 2011, LJN: BP 5184 The Facts An employee was sentenced to five years’ imprisonment for offenses...

28 march 2011 

TUPE: Possibility to influence by not taking over employees, but recruiting one's own employees?

Clece, a company that supplies cleaning services, cleaned the schools and premises belonging to the council on the instruction of the Ayuntamiento de...

28 march 2011 

Duty of Care in Employee Co-Governance Procedure Lies with the Employer

Court of Appeal of Amsterdam (Enterprise Section), JAR 2011/11 Recently, a dispute was presented to the Enterprise Section about the question of...

24 february 2011 

Liability of the Employer for Consequences of Longer Workweek than 40

Court of Appeal of Den Bosch, 9 November 2010, JAR 2011/41 Employer's Duty of Care An employer has a duty of care to ensure the safety of the...

24 february 2011 

Legal Validity of Probationary Period; Broad Interpretation of Successive Employers

Subdistrict Court of Leeuwarden, 11 January 2011, LJN: BP1638 The Facts An employee, Mrs. F., had a temporary employment contract with a payroll...

24 february 2011 

Albron The Transferor the Employment Relationship and the Principle of Protection

Is an employee who is employed by a staff entity and seconded to an operating company transferred by operation of law if (a part of) the activities...

31 january 2011 

Summary Dismissal Because of Criminal Conviction

Judgment of the Supreme Court, 17 December 2010, LJN: BO1821 Summary Dismissal When an employee is summarily dismissed, this means in fact that his...

27 january 2011 

Consequences of Unemployment Benefit for Severance Payment to Older Employees

Court of Appeal of ’s-Hertogenbosch, 5 October 2010, HD 200.012.071, LJN BN8921 An employer felt compelled to implement a reorganization, as...

27 january 2011 

Abuse of Probationary Period?

A discussion of the judgment of the Court of ’s-Hertogenbosch, Subdistrict Section, of 6 May 2010 Summary of the Judgment On 5 January 2009 an...

03 december 2010 

Do Years as a Temporary Worker Count in the Event of a Reorganization?

Subdistrict Court of Wageningen, 8 September 2010, LJN BN8266, JAR 2010/264 Since 2008 an employer in the dairy industry was confronted with a...

03 december 2010 

Continuation of Employee Co-Governance in the Event of Transfer of Undertaking

European Court of Justice 29 July 2010, JAR 2010/217 Transfer of Undertaking and the Works Council In the event of a transfer of undertaking there...

03 december 2010 

Court of Appeal Allows Severance Payments of Former Employees of RBS N.V. (formerly: ABN AMRO BANK)

A discussion of the judgments of the Court of Appeal of Amsterdam, with subsidiary place of session in Arnhem, of 28 September 2010, LJN: BN8425;...

28 october 2010 

Illness, Reintegration and Inadequate Performance; Deployment of Mediation

Subdistrict Court of Dordrecht (AR_2010_0729) Terminating an employment contract during illness on the basis of inadequate performance is usually...

28 october 2010 

Ban on Wearing Necklace with Cross; Forbidden Discrimination on Grounds of Religion?

Court of Appeal of Amsterdam, 15 June 2010, JAR 2010/179 A tram conductor of the Amsterdam Public Transport Company GVB was wearing a gold-colored...

30 september 2010 

Proposed Amendment of Holidays Legislation

The Accrual of Holidays of Employees Who Are on Long-Term Sick Leave Pursuant to Section 7:635 (4) of the Dutch Civil Code ("BW") an employee who...

30 september 2010 

Decision Manifestly Unreasonable: Outsourcing More Expensive than Existing Situation

Court of Appeal of Amsterdam (Enterprise Section), 12 July 2010 The Ministry of Public Housing, Spatial Planning and the Environment ("the...

30 september 2010 

Has the Stipulated Work Changed After 20 Years?

A discussion of the judgment of the Court of Appeal of Arnhem of 1 June 2010 The Facts in the Judgment An employee has been employed by an employer...

30 august 2010 

Works Council’s Right to Consent for Individual Decision Possible as an Exception

A discussion of the judgment of the Court of Appeal of Amsterdam, 9 March 2010 LJN: BN1325 Right to Consent of Works Council Regarding Appointment...

30 august 2010 

Unconditional Request for Consent Creates a Non-Statutory Right to Consent

A discussion of the judgment of the Subdistrict Court of Utrecht (in preliminary relief proceedings), 15 February 2010, JAR 2010/63 The Facts An...

16 july 2010 

The Right to a Smoke-Free Workplace

Court of Amsterdam (administrative law section), 26 March 2010, JAR 2010/159 Tobacco Act Since 1 January 2004 every employee is entitled to a...

16 july 2010 

Explanation Meaning of 26-Weeks Period After Dismissal Permit From UWV Werkbedrijf

Court of Appeal of Leeuwarden, 13 April 2010, LJN BM8411 Legal Framework Article 4:5 of the Dismissals Decree provides that if the UWV Werkbedrijf...

16 july 2010 

The New Work Costs Regime and Change of Employment Conditions

On 1 January 2011 a new tax regime will enter into force with regard to the payments and provisions employers can make to their employees. This new...

25 june 2010 

Bonus after Pregnancy?

Court of Appeal of Arnhem, 27 April 2010, LJN: BM2034 Bonus and Forbidden Discrimination Section 7:646 of the Dutch Civil Code ("BW") provides that...

25 june 2010 

Concept of 'Working for the Undertaking' of the WOR

Court of Amsterdam (Subdistrict section, Court in preliminary relief proceedings), 1 March 2010, JAR 2010/94 In Section 12 of the Works Councils...

25 june 2010 

No Right to Consent on Primary Employment Conditions for the Works Council

A discussion of the judgment of the Court of Appeal of The Hague dated 23 March 2010, LJN BM0767 No Right to Consent According to the Subdistrict...

28 may 2010 

Refusing to Work in Conflict with Company Doctor's Opinion. Reason for Summary Dismissal?

A discussion of the judgment of the Dutch Supreme Court 08/04609, LJN BL 4086 The Facts In the period from 13 April 2007 up to 11 June 2007 an...

28 may 2010 

Reorganization Because of Transfer of Undertakings Possible by Relying on ETO Reason

A discussion of the judgment of the Subdistrict Court of Amsterdam, JAR 2009/275 Dismissal Because of Transfer of Undertaking If there is a...

28 may 2010 

New STECR Werkwijzer for labor conflicts

STECR Werkwijzer Labor Conflicts The Werkwijzer Labor Conflicts ('Werkwijzer') is a product of the foundation Stichting STECR, Expertise Center...

29 april 2010 

Compensation by Employer of Costs Incurred by Works Council

A discussion of the judgment of the Court of The Hague, 27 January 2010, JAR 2010/86 Compensation of Costs of the Works Council In order to ensure...

29 april 2010 

Probationary Period Stipulation Agreed Verbally

A discussion of the judgment of the Court of Appeal of Arnhem, 13 October 2009, LJN: BL6920 The Facts The employee joined the employer as of 20...

29 april 2010 

A manifestly unreasonable decision?

Enterprise Section of the Court of Appeal of Amsterdam, 10 December 2009, JAR 2010/36 Right of Appeal of the Works Council The right of appeal as...

29 march 2010 

Rescission During the Notice Period Possible in Exceptional Cases

A discussion of the judgment of the Dutch Supreme Court of 11 December 2009 (JAR 2010, 17) Application for Rescission During Notice Period In...

29 march 2010 

Consent to a Change of Employment Conditions

A discussion of the judgment of the Supreme Court dated 12 February 2010, LJN: BK3570 Consent to a Change of Employment Conditions The question at...

29 march 2010 

Cabinet's Position on Employee Co-Governance

During the past period the Cabinet has considered employee co-governance and how this has to be given shape in the Works Councils Act (Wet op de...

26 february 2010 

Resolution to Dismiss Director May Be Annulled Due To 'Violation' of Director's Voting Right?

A discussion of the judgment of the Dutch Supreme Court of 22 December 2009, NJ 2010/16; JAR 2010/20 The Facts S. was appointed director of HGIH...

26 february 2010 

Is a Severance Arrangement a Remuneration Arrangement within the Meaning of Section 27 of the Works Councils Act?

Pursuant to Section 27(1) under c or e of the Works Councils Act (Wet op de ondernemingsraden, "WOR"), the employer requires the consent of the Works...

26 february 2010 

Violation of SER Merger Code. Trade Unions Notified Too Late

A discussion of the judgment of the Merger Code Adjudication Committee, 22 October 2009 The SER Merger Code 2000 The SER Merger Code 2000 ("SMC...

26 january 2010 

No ABC or XYZ in Cases of Manifestly Unreasonable Dismissal

A discussion of the judgment of the Dutch Supreme Court of 27 November 2009, LJ BJ6596 Determining Compensation in Cases of Manifestly Unreasonable...

26 january 2010 

Accrual of Holidays During Sickness

Judgment of the European Court of Justice ("the ECJ") In January 2009 the European Court of Justice determined that Dutch legislation concerning the...

26 january 2010 

Change to 'primary' employment conditions not subject to consent works council

A discussion of the judgment of the Subdistrict Court of Rotterdam, 28 July 2009 (JAR 2009/210) Works Council's right to consent Pursuant to...

01 december 2009 

Transfer of Undertaking - Information and Privacy Aspects

Recently the Dutch Supreme Court rendered a judgment addressing the scope of the obligation to provide employees with information in the event of a...

01 october 2009 

By filing a 403 declaration, a parent company assumes joint and several liability for the debts of its subsidiary(ies).

A discussion of the judgment of the Court of Appeal of 's-Hertogenbosch, JAR 2009/126 403 Declaration A 403 declaration (a term derived from...

26 june 2009 

A female employee fell ill and started performing modified duties

A discussion of the judgment of the Subdistrict Court of Eindhoven dated 10 July 2008, LJN BD 6908 Stipulated Work An employee is entitled to...

26 march 2009 

Setting Off Wages against Damages Allowed?

A discussion of the judgment of the Court of Appeal of Leeuwarden dated 20 January 2009, case number 200.008.981/01. Set-Off Pursuant to Section...

26 march 2009 

The Date on Which Settlement Is Reached

A discussion of the judgment of the Subdistrict Court of Amsterdam dated 10 June 2008, JAR 2008/227 Fictitious Notice Period The employee whose...

30 january 2009 

The Date on Which Settlement Is Reached

A discussion of the judgment of the Subdistrict Court of Amsterdam dated 10 June 2008, JAR 2008/227 Fictitious Notice Period The employee whose...

30 january 2009 

Employer's Liability for Traffic Accidents

A discussion of Supreme Court 12 December 2008, LJN: BD3129 Employer's Liability for Traffic Accidents Pursuant to Dutch Law Pursuant to Section...

30 january 2009 

Permanent Secondment in a Group of Companies

Permanent Secondment in a Group of Companies and Transfer of Undertaking Is an employee who is employed by a staff entity and seconded to an...

19 december 2008 

Supreme Court 'breaks through the B.V.' for the first time

It regularly happens that directors perform their work for a company under a management agreement by placing their B.V. (Dutch private company) in...

20 march 2008 

Relationship Temp Agency and Recipient in the Event of Damage Caused by Temps

If temps cause damage to the recipient by a faulty performance of their work, the question arises whether the temp agency is responsible for such...

24 october 2007 

Tax Deduction of Attorney's Fees in a Labor Dispute?

Judgment of the Supreme Court of 10 August 2007 (LJN: AZ4768) The accessibility of the legal system to employees has been at the center of...

24 september 2007 

Part-Time Dismissal of Persons Partially Unfit for Work at CWI

In the past year the Policy Rules used by the CWI for the assessment of dismissal permits have been adapted, which is important with regard to...

01 june 2007 

New Employer after Bankruptcy is a "Subsequent Employer"

Judgment of the Supreme Court Recently, the Dutch Supreme Court has ruled in the Boekenvoordeel/Isik case that the new employer who takes over the...

01 may 2007 

KVdL Interactive: Dismissals and illness in the Netherlands

We are pleased to introduce you to our KVdL Interactive session: Employment Law basics in the Netherlands on 7 November 2017.

07 november 2017 

KVdL Interactive: Dismissals in the Netherlands – big changes coming up!

Dismissals in the Netherlands have always been complicated. Per 1 July 2015 big changes have taken effect.

24 september 2015 

KVdL Interactive: Employment law essentials in the Netherlands

We are pleased to introduce you to our KVdL Interactive session: Employment law essentials in the Netherlands on 19 June 2014. During this interactive livestream training, the main topics of Dutch employment law will be addressed.

19 june 2014 
Chris Nekeman

Chris Nekeman

Attorney at law, Partner

  • Chris Nekeman https://kvdl.com/our-people/chris-nekeman/ Attorney at law, Partner +31 20 5506 676 chris.nekeman@kvdl.com
  • Eva Knipschild https://kvdl.com/our-people/eva-knipschild/ Attorney at law, Mediator, Partner +31 20 5506 840 eva.knipschild@kvdl.com http://nl.linkedin.com/in/evaknipschild
  • Soo-ja Schijf https://kvdl.com/our-people/soo-ja-schijf/ Associate Partner, Attorney at law +31 20 5506 832 s.schijf@kvdl.com http://nl.linkedin.com/pub/soo-ja-schijf/2a/b9b/699