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Employment Law

Netherlands

In employment relationships, it is extremely important for all parties involved to lay down properly all the rights and obligations between them. This written record must always be up to date and in line with recent changes to the law and provisions in collective agreements (CAOs).

This applies to employment contracts, but also to specific regulations and protocols on study costs, car costs and transport schemes, sickness and complaints procedures as well as the use of email and the Internet, instructions on reporting and monitoring illness or protocols for the prevention of sexual intimidation. A proper confidentiality and competition clause is part of this too, of course.

CMS ensures that these agreements and regulations are drawn up or assessed according to the most recent case law and legislation. This involves all forms of contracts, including freelance agreements, on-call or 'zero hours' contracts, management contracts or contracts for professional services.

With the increasing need for flexibility and specialist employee support, outsourcing has become a growing phenomenon in the last few years. Such outsourcing of tasks that do not form part of a company's core business has therefore come to occupy a more important position in labour relations and employment law.

For example, companies can be confronted by a range of questions. What should you watch out for, for example, if you decide on outsourcing? How can personnel be taken over in a favourable way through outsourcing processes? And how can employment and pension conditions then best be harmonized?

CMS possesses specialist knowledge on a variety of forms of outsourcing and the sectors in which this form of collaboration can be used, which allows us to provide you with practical and appropriate advice.

Incapacity for work and employee absenteeism have serious financial consequences. The obligations of employers and employees, particularly on the matter of reintegration, have increased considerably during the past few years.

The employment law specialists at CMS are fully versed in all the latest developments in this area and can provide you with expert and professional assistance. We can also advise you on regulations relating to health and safety at work, working conditions and working conditions legislation in order to keep the risk of accidents to a minimum. We also help businesses in their contacts with the Labour Inspectorate and the Public Prosecution Service if an industrial accident does take place.

Disturbed working relationships and inadequate performance of employees can lead to prolonged and costly proceedings. Furthermore, such situations upset the balance within the employer's business or organization. Dutch law on termination of employment is inconsistent and for many is extremely complex.

CMS has wide experience in assisting parties in such a situation, the aim being to solve the problems as quickly as possible. We take account of all relevant interests, not least the protection of company secrets and its competitive position.

Market volatility forces employers to look ahead and take the necessary measures in time. This may require a reorganization, with consequences for personnel.

CMS advises companies on both large, collective reorganizations and smaller (non-collective) reorganizations. This assistance involves not only redundancy proceedings, but also all matters that precede this, such as planning, announcing collective redundancies and consultations with the Works Council or trade unions.

An employer may be liable towards third parties for the wrongful acts of its employees or auxiliary persons it has engaged.

In addition, an employee may hold his employer liable for loss or damage the employee has incurred through his own fault, such as to his own car during working hours.

CMS gives advice in advance on how to limit and eliminate these kinds of risks, but will also conduct legal proceedings if such is required. In addition, we can provide support in initiating an action for recourse.

The legal position of public and semi-public servants, including teachers, for example, is undergoing considerable change at present and will be in the near future too.

CMS labour law practice group has specialists with wide-ranging knowledge of and experience in the area of (semi-)public servants law.

The role of the works council is becoming increasingly important, also in the area of employment conditions.

CMS advises you on the rights and obligations of employers and works councils where decisions requiring advice or approval are concerned.

We also support parties in proceedings before the district court or the Enterprise Section.

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March 2019
CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions
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CMS Guides to Dis­missals
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