The employment lawyers at Van Poppel Croonen Van Dijk advise and litigate on entering into employment contracts, breaking them and everything in between and then coming up. Regardless of whether you are an employee, employer or (member of a) works council; we like to play on both sides of the chessboard.
Entering into an employment contract
Our lawyers advise you on drafting employment contracts. What requirements must an employment contract meet? Which agreements do I have to make and which not? Is a collective agreement applicable and what consequences does that have for the content of the employment contract? Whether or not a non-competition clause? These are all questions that will be reviewed as soon as you ask us to help you prepare an employment contract that meets the requirements and wishes of your company or your personal situation.
Termination of employment contract
Is your employee often ill, has the statutory waiting period passed, is your employee not doing what can be expected from him / her? Do you have to reorganize, can profit maximization be achieved, is there restructuring or is there another reason on the basis of which you wish to say goodbye to employee (s)? When do I owe a (transition) allowance, when not?
All reasons to consider pursuing the termination of the employment contract. We can advise you on making strategic choices. When do you take which step, why do you do it and what is its purpose. UWV, dismissal advice committee, subdistrict court judge or still enter into a dialogue with the employee? All routes with the aim of ending, but which stakeholders must be taken into account? What are the costs and what is the feasibility? We help you determine the most optimal routing at the lowest possible costs.
In the meantime
A lot can happen during the term of an employment contract. Both with the employer and with the employee. Sometimes the employment contract provides employment law with a changed circumstance, sometimes not. Do you have a unilateral amendment clause that can be invoked or should case law help you determine the correct routing?
Labor law provides extensively for regulations at the time of illness and the resulting disability. What obligations do parties have, which stakeholders are there that need to be taken into account? Think of company doctor, labor expert, absence supervisor. But also think of the UWV; does everything go according to the timetable or is a wage sanction imposed because you take measures (too late) or not?
In most cases, the employee and employer are “relieved” of each other after the employment contract has been terminated. However, this is not always the case. You (possibly a former employee) may violate a non-competition or relationship clause and you wish to take enforcement action. However, this also includes the consequences of an employee who leaves the company sick and the consequences thereof for the differentiated premium. If the UWV has wrongly awarded a WIA benefit, then we can, for example, guide the employer through the objection and appeal procedure.
Works council issues
We have vast experience in advising companies on the information, consultation and approval rights of works councils, as well as advising works councils on their co-determination role within companies.