DVDW Advocaten

Legal clarity

A company's most important asset is its workforce. Yet the workforce is also the greatest area of vulnerability, both from the perspective of the employer and the employee.

Despite all the attention that an organisation focuses on its employees, it is always partly dependent on factors beyond its control. When times are tough - take for instance the current economic crisis that is affecting so many sectors - the employer needs to be able to downsize. However, a mass of regulations stands in the way. Poor or otherwise unacceptable performance by an employee, as well as long-term sickness, may have a major impact on a business, the quality of its operations and even the working atmosphere. The same applies to employer/employee disputes that rumble on over a longer period or suddenly escalate. Differences of opinion concerning employment conditions and regulations, employee performance, job classification or employee assessments may cause discontent, with all the resulting implications for the business. Unfair competition by current or former employees may also cause substantial losses.

On the other hand, employees sometimes feel misunderstood, undervalued and even threatened. This can cause dissatisfaction and upheaval in all kinds of ways and sometimes even culminate in dismissal proceedings.

When discussions and agreements prove to be futile and negotiations fail, the parties can become entrenched in their positions and pursue a range of complex tactics to achieve their aims. The maze of statutes, regulations and case law makes all of this extremely complicated. This means that strategy, negotiating skills and a focus on practical solutions are absolutely crucial in this respect.

 

Approach

The approach taken by the attorneys in our Employment & Codetermination Law department is based on the paramount importance of restoring calm and confidence at their clients' organisations. This may involve pursuing a preventive strategy, by establishing a good employment law infrastructure, or acting once the problem has escalated. Our attorneys are here to help you, responding quickly and creatively, and drawing on their extensive specialist knowledge and experience in all areas of employment law.

 

Benefit from our expertise

  • Drafting and evaluating employment contracts
  • Arranging and advising/litigating on employment contracts and conditions
  • Job classification and employee assessment systems
  • Employee regulations and additional rules
  • Collective bargaining agreements
  • Conducting litigation on suspensions, redundancy schemes, and individual and collective dismissals
  • Providing legal advice and assistance in relation to current or potential employment disputes
  • Non-competition clauses and unlawful competition
  • Employee codetermination issues
  • Advising works councils
  • Reorganisations and restructuring (if necessary, in co-operation with the Insolvency & Restructuring and Company Law departments)
  • Employer liability
  • Industrial accidents
  • Position of company directors
  • The right to strike
  • Civil service law
  • And more generally, as an adviser and discussion partner in all personnel-related issues

Key contact Employment law

Marc.jpg

Marc de Leeuw

 

Expertise

Employment law

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