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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
CMS Em­ploy­ment Prac­tice Area Group is pleased to share with you the 2019 edi­tion of the CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions.While mer­gers and ac­quis­i­tions (M&A) tend to be led by cor­por­ate or tax law­yers, deal­ing ef­fect­ively with the em­ploy­ment law is­sues can sig­ni­fic­antly im­prove the chances of a suc­cess­ful trans­fer. The im­port­ance of em­ploy­ment law and the types of dif­fi­culties that arise de­pend on the nature of the in­di­vidu­al trans­ac­tion, but a fail­ure to ad­equately ex­am­ine the ex­ist­ing rights and ob­lig­a­tions between the tar­get com­pany and its staff can res­ult in ex­pens­ive em­ploy­ment claims, ad­min­is­trat­ive fines and oth­er li­ab­il­it­ies.The em­ploy­ment law­yers on the team must carry out due di­li­gence to identi­fy any po­ten­tial prob­lems with col­lect­ive bar­gain­ing agree­ments, mis­clas­si­fic­a­tion of em­ploy­ees (e.g. as freel­ance), pen­sion schemes, em­ploy­ee be­ne­fits, ac­crued and as-yet un­paid time off, ex­ist­ing leg­al claims and po­ten­tial leg­al claims. They can also help design lay­off and re­ten­tion strategies, en­sure reg­u­lat­ory com­pli­ance, har­mon­ise em­ploy­ment prac­tices in the new com­bined en­tity and deal with cross-bor­der clashes in em­ploy­ment cul­ture.This CMS Guide to Em­ploy­ment Is­sues in M&A Trans­ac­tions provides a com­pre­hens­ive over­view of the em­ploy­ment law re­quire­ments to be taken in­to ac­count when deal­ing with an M&A trans­ac­tion in any one of 31 jur­is­dic­tions. In­form­a­tion about cross-bor­der mer­gers can be found in a sep­ar­ate CMS guide.This guide of­fers a valu­able re­source to help with the plan­ning ne­ces­sary to man­age risk and avoid ma­jor prob­lems dur­ing every stage of the in­teg­ra­tion pro­cess. Should you need more de­tailed ad­vice, please reach out to your reg­u­lar CMS con­tact or send an e-mail to em­ploy­[email protected]­al.com. We have a proven track re­cord in un­der­stand­ing our cli­ents’ needs, and in de­liv­er­ing a pro­fes­sion­al and seam­less ser­vice. We will be happy to provide fur­ther ad­vice.The CMS Em­ploy­ment Team
January 2019
CMS Guides to Dis­missals
CMS Em­ploy­ment Prac­tice Area Group is pleased to share with you the 2019 edi­tion of the Guides to Dis­missalsThe CMS Guides to Dis­missals are in­ten­ded to help em­ploy­ers an­ti­cip­ate the pos­sible courses of events when they de­cide to ter­min­ate an em­ploy­ment con­tract or dis­miss a man­aging dir­ect­or. The bet­ter pre­pared and in­formed the com­pany is, the easi­er the pro­cess is to handle for every­one in­volved. Dis­missals are not just ac­tions through which an em­ploy­ment re­la­tion­ship with a com­pany ends, they can also be a part of a lar­ger re­struc­tur­ing pro­cess, some­times in­clud­ing sev­er­al coun­tries.Our CMS Guides to Dis­missals provide an easy to use over­view of ter­min­a­tion pro­ced­ures for em­ploy­ees and man­aging dir­ect­ors across Europe, Asia and Lat­in Amer­ica. The first part of the Guides deals with ter­min­a­tion pro­ced­ures for em­ploy­ees and the second part for man­aging dir­ect­ors. The Guides are in­ten­ded to provide CMS’s in­ter­na­tion­al cli­ents with a sum­mary of loc­al laws across 33 coun­tries, mak­ing it easi­er to un­der­stand both the sim­il­ar­it­ies and dif­fer­ences between jur­is­dic­tions. If these Guides en­cour­age you to seek more de­tailed in­form­a­tion, please reach out to your reg­u­lar CMS con­tact or send an e-mail to em­ploy­[email protected]­al.com. We have a proven track re­cord in un­der­stand­ing our cli­ents’ needs, and in de­liv­er­ing a pro­fes­sion­al and seam­less ser­vice. We will be happy to provide fur­ther ad­vice.Please fill in the de­tails be­low to re­ceive a free copy of CMS Guide to Dis­missals:560340ht­tps://form.jot­formeu.com/902318824583601al­ways
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