Employment law
Labour law is an intricate and dynamic field, subject to changes at any given moment. Both employees and employers often feel overwhelmed when confronted with labour law issues, unable to follow up on all the recent developments in the field. The employment lawyers within GMW Advocaten have extensive knowledge and experience in all aspects of labour law.
Our clients
GMW Advocaten advises big and small businesses alike. Since labour law is one of the most complex legal fields, the lawyer designated to your case will first study the business culture and the organisational structure of your business. Experience shows that knowing the interior mechanisms of a company really well is a prerequisite for giving commercially sound legal advice. Drawing upon their experience with the national and international corporate and care sector GMW Advocaten lawyers will always offer solutions that are compatible with the vision and mission of your company.
Our role
Problematic situations on the work floor are best dealt with in a quick and efficient manner. Many of the problems can actually be prevented or defused by carefully drafted staff regulations and accurate contracts, saving both legal and personnel costs. Our labour law team keeps close personal ties with their clients and earn their appreciation for giving transparent cost estimates and billing on a monthly basis. They promptly consult clients should additional costs occur. When called in for advice, they evaluate the overall situation from all angles in order to take all business, commercial and human factors into consideration. GMW Advocaten will strive for amiable solutions whenever possible and start legal proceedings, should this no longer be possible.
GMW Advocaten advise and litigate on the following issues:
- Employment contracts (drafting, evaluating and updating employment contracts and special clauses, such as reimbursement of study fees, confidentiality clauses, and penalty clauses
- Working hours (Working Hours Act (Arbeidstijdenwet/ATW) and Working Hours Adjustment Act (Wet Aanpassing Arbeidsduur/WAA))
- Terms and conditions of employment (drafting and evaluating company and staff regulations, safety regulations, internet protocols, sexual harassment issues, equal opportunity issues, harmonization issues)
- Occupational disability (sickness absence monitoring, Eligibility for Permanent Invalidity Benefit Act (Wet verbetering Poortwachter), reintegration, pay sanctions
- Labour litigation law litigation strategy, choice of forum and law, attachments/seizures, notice, law of evidence)
- Occupational injury and employer’s liability
- Collective labour agreement (Collectieve Arbeidsovereenkomst/CAO) – interpretation of CAO, concurrence of CAO, dispensation applications, objection against the order declaring a collective agreement binding, CAO negotiations)
- Noncompetition and business relations clauses
- Unsatisfactory performance (compiling a file, suspension, change of position)
- Flexible employment(contract for professional services, management agreement, temporary employment, secondment/posting)
- Good employment practice
- International labour law
- Participation (for entrepreneur and staff council (WOR/Wet op de Ondernemingsraden)
- Dismissal (instant dismissal, collective dismissal, dismissal permit via the Central Organisation for Work and Income (CWI), termination of employment by a sub district court judge, redundancy pay, employment termination arrangement)
- Restructuring (supervision, collective dismissal, observation and application of selection criteria, drafting and evaluating a Social Plan, consultations between employers’ and employees’ organisations, labour law aspects of mergers and takeovers – transfer of company, harmonisation of employment conditions)
- Director under the articles of association and top management.
Information
Please contact Godelijn Boonman for more information
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