Employment law for employers

Drafting employment contracts, handbooks and/or working regulations

To prevent problems and uncertainties with your employees later on, it is important to clearly document the arrangements made with them. We can draft employment contracts for you, as well as handbooks or working regulations.

Self-employed professionals and contracts for services

Entrepreneurs often also choose to hire self-employed professionals. Arrangements, for example about the way in which the work is performed and the fee paid for it, are documented in a contract for services. It is important to seek proper advice on this matter to prevent a self-employed professional from being regarded as an employee later on.

Non-compete clause, non-solicitation clause, confidentiality stipulation

In the employment contract with your employees, you can make various arrangements to protect your company. This can be done, for example, through a non-compete clause, non-solicitation clause, or confidentiality stipulation. Our employment lawyers can advise you on such arrangements and can represent you in proceedings if an employee fails to comply with these arrangements.

Terms of employment and their modification

Besides salary, you can also agree on other terms of employment with your employees, such as a bonus scheme, share options, a leased car, or days off. Is it possible to modify these arrangements at a later point in time, for instance because a term of employment is too expensive? We can draft these arrangements for you and give advice if you wish to make changes to them. We can also assist you in proceedings in that respect.

GDPR and privacy

Since the introduction of the General Data Protection Regulation (GDPR), you are no longer allowed to automatically process all of your employees’ data. Which data are you still allowed to store? And for how long can you retain that data? Our employment lawyers are happy to answer these and other questions for you.

Illness and incapcity for work

Employers must fulfil various obligations if an employee falls ill. You must engage your occupational health and safety service and assist your employee in returning to work as soon as possible. However, employers and employees do not always agree on the steps that need to be taken. Our employment lawyers regularly assist in such processes.

Industrial accidents and personal injury

Your employee may have an accident at work or someone else may suffer damage or injury due to your employee’s actions. Are you liable for this damage or injury, and if so, how do you determine the amount of this damage? Our employment lawyer and personal injury specialist, Eric-Jan Krijgsman, can provide you with more information on this matter.

Dismissal

Dismissal is sometimes unavoidable, for example if an employee does not perform well or in case of a conflict. But your employee’s long-term illness or a company reorganisation may also result in dismissal. When can you dismiss your employee? What are the requirements in that respect? Do you need to offer an improvement plan or mediation first? Do you need permission for dismissal from the Employee Insurance Agency (UWV) or the subdistrict court? Our employment lawyers are also happy to advise you on these matters.

Reorganisation

If you are forced to reorganise, for instance to optimise your company or because of financial difficulties, it is important to do so step by step. Which employees are eligible for dismissal? What information does the UWV need to grant a dismissal permit? Should you draw up a redundancy plan? Can you offer your employees a settlement agreement first? We can advise you on these steps and assist you during the reorganisation.

Settlement agreement (VSO) and severance scheme

To avoid a dismissal procedure at the UWV and proceedings before the subdistrict court, you can make arrangements with your employee about dismissal in a settlement agreement (VSO). What is the amount of the transition payment or severance pay? What notice period should you observe? Can you release the employee from work? Should you pay out remaining days’ holiday? Our employment lawyer can draft such a settlement agreement for you and advise you on its content. Please also read the blog ‘5 things to know about employer settlement agreements‘ to find out more.

Membership of specialist associations: Dutch Employment Lawyers Association (VAAN), The Hague Employment Lawyers Association (VHA).