Employment law
Looking for an employment lawyer in Utrecht? Amice Advocaten has in-depth knowledge of Dutch employment law. We advise national and international companies on all aspects of employment law. Think of issues regarding employment conditions, dismissal, incapacity for work, etc.
Employment law topics we regularly advise on are:
Employment contracts
Guidance in labor disputes
Underperformance of an employee
Termination negotiations
Dismissal through the courts
Dismissal on the spot
Restructuring (collective dismissal)
Incapacity for work (sick employee)
Employee participation
Termination of the employment
We can advise and support you in making decisions about (a proposed) dismissal and help you find a pragmatic solution. With termination of the employment contract, it is important that the correct procedure is followed and legal requirements are met.
There are several ways in which an employee can be dismissed, for example:
- Dismissal on the spot: This is a form of dismissal that is carried out without notice, for example due to serious culpable behavior of the employee. There must be an urgent reason for dismissal on the spot. The dismissal must be immediate and the employee must be informed of it as soon as possible (in writing).
- Dismissal by court: In some cases, the court must be asked to dissolve the employment contract, for example when there is a disturbed working relationship between the employer and employee. The judge then decides whether a dismissal is fair and lawful.
- Dismissal for business economic reasons: This is a form of dismissal that is carried out when a company is facing losses and/or there are other (strategic) reasons to reorganize, think of work reduction, organizational adjustment, automatisation, etc.
Employee participation
If a company has more than 50 employees, a works council must be established pursuant to the Works Councils Act (WOR). Amice Advocaten advises companies regarding the legislation and regulations regarding employee participation, for example in drafting and implementing regulations for the establishment and functioning of a works council. We can also assess whether a decision to be taken requires advice or consent of the works council and assist you in the steps to be taken.
Drafting/reviewing agreements
Amice Advocaten can assist you in drafting clear and legally correct employment contracts that comply with Dutch laws and regulations. Think of a contract for a definite or indefinite period of time, a zero hours contract or an assignment contract. We have extensive experience with important conditions of employment, such as a lease car, a non-compete clause, a non-solicitation clause, unilateral change clause, etc. Personnel regulations can also be drafted or reviewed, for example an employee handbook, sick and/or leave arrangements or an agreement regarding study costs.
Incapacity for work
There are several legal challenges that may arise when dealing with ill employees. Below are some examples of those issues:
– What can you do as an employer if the employee does not cooperate in the reintegration process?
– How can a wage sanction from the UWV be avoided?
– What can you do as an employer with an unclear advice from the company doctor?
– What to do when vacation and illness overlap?
– What are the obligations of a self-insurer for the Sickness Benefits Act and/or the WGA?
– How should an employment contract be terminated after two years of illness?
Would you like more information or to make an appointment? Send an e-mail to info@amice-advocaten.nl and we will contact you directly.