You can contact us for advice in the field of employers´ liability. Think of, for example, work safety, working conditions, burn-out, RSI, sexual harassment and (un)equal treatment. You can also contact us for advice in cases where employees are held liable, for example in the event of suspicion of fraud or when an employee has caused damage to a client.
In the area of collective labor agreements (in Dutch: ´CAO´), you can reach out to us for advice on various subjects, such as the conclusion of collective labor agreements (including (admission to) negotiations), the drafting of collective labor agreements, the interpretation of collective labor agreements, the extension and termination of collective labor agreements, general binding declarations (in Dutch: ´AVV´), dispensation of AVVs, and collective actions (strikes). We have extensive experience with litigation on these subjects, both in civil courts and before arbitrators.
Many employment contracts contain non-competition and non-solicitation clauses. An employee in that case may not compete with the (former) employer and/or solicit any business relations for a certain period after the termination of his employment. You can contact us for advice on drafting and maintaining non-competition and non-solicitation clauses. We will also take into account any agreed upon confidentiality and penalty clauses. You can also rely on us to initiate a legal procedure if necessary and to take provisional measures, for example seizing important evidence. This way your interests are always optimally safeguarded.
Drafting employment contracts can be a time consuming process. There are often many options available in terms of employment conditions. Consider, for example, fixed or flexible employment contracts, bonus schemes, contractual severance fees, etc. The specific relationship between employer and employee can also play an important role in laying down the terms and conditions of employment, such as with directors, consultants and expats. You can contact us for advice on this. We also advise on work-related commercial contracts, such as agency, distribution or franchise contracts, contractor agreements and partnership contracts.
The personnel may to a certain extent participate in the decision-making within the employer´s organization. Employee participation is usually exercised through the works council (in Dutch: ´OR´), which has important information, advice and consent rights. You can contact us for advice on setting up and maintaining employee participation within organizations, advice and approval processes with works councils during reorganizations and mergers, and other rights and obligations based on the Works Councils Act (in Dutch: ´WOR´).
You can contact us for advice in the area of individual termination. Consider, for example, termination for urgent reasons, dissolution of the employment contract (by the cantonal court), and dismissal with the permission of the UWV. In addition, we advise on collective dismissals/lay-offs, for example in case of reorganizations and company closures. We can also respond immediately in situations where crisis management is required or in case of dismissal of statutory directors.
Employers usually adopt various company policies and collective schemes. For example, regarding (holiday) leave, safe working conditions, e-mail and internet use (including social media), privacy, compensation schemes and corporate governance. We can advise you on the preparation and enforcement of such schemes.
Employers usually process personal data of their employees. This can include name and address data, salary data and information regarding employee performance. In some cases, the processing of personal data goes further. For example, when an employer monitors employee behavior or tests for alcohol or drug use. As a processor of personal data, an employer must comply with various privacy rules, which have been updated in 2018 with the introduction of the General Data Protection Regulation (GDPR). You can contact us for advice on this. For example when drafting privacy statements, processor agreements and assessing transfers of personal data to non-EU countries.
Companies are continuously subject to internal and external changes. Changing circumstances can require the employer to restructure, close the company entirely or partially and/or move the company to another area. You can contact us at all times for guidance on these processes. For example, for the drafting of a restructuring plan, the selection of redundant employees, the drafting of a social plan, consultation with the works council and trade unions and contact with the UWV.
Ill employees are to a certain extent protected under Dutch employment law. For example, during the first 2 years of illness there is a prohibition to terminate the sick employee. In principle, the employer cannot terminate the employment contract during that period. In addition, an employee is entitled to continued payment of wages during illness. Both employer and employee must make an effort to reintegrate the sick employee. For all questions about sick employees, for example about the prohibition to terminate, continued salary payment during illness, reintegration and social security, you can contact us.
You can also call on us for advice if you are an independent contractor or a client who wishes to hire an independent contractor. For example, when drafting an assignment contract or freelance contract. Among other things, we examine to what extent the intended cooperation can be regarded as an employment contract and what the possible (tax) consequences are if the mutual relationship is regarded as an employment agreement.
About Zilver Advocaten
Zilver Advocaten is a law firm specialized in employment law. Our firm consists exclusively of lawyers with extensive experience with large reputable firms:
- Christiaan Zillinger Molenaar
- Niels Verhage
- Alwin Stege
- Maurits van Buren
We advise and litigate on all matters related to employment law. For example, individual dismissals, reorganization/restructuring, and employee participation. If a complex matter is beyond our expertise, for example a multi-jurisdictional case, we work closely with specialized firms providing the same level of quality and passion for their work as we do.
Zilver Advocaten advises both large and small employers as well as employees. In particular, we focus on companies, works councils and senior management. Our clients are located throughout the Netherlands and are active in the following sectors or industries: publishing, retail, manufacturing, child care, banking and insurance, hospitality, housing corporations, non-profit, sports, information technology, wholesale, and construction.
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