Arbeidsrecht, medezeggenschap en pensioenrecht

Typical issues

Contracts

In addition to standard stipulations such as salary and duration, employment contracts can also be supplemented with various special clauses. These include non-competition clauses, non-solicitation clauses and bonus schemes. These clauses serve to record arrangements on the specific relationship between employer and employee. They will help you avoid any disagreements or conflicts with your ex-employee after the employment relationship has been terminated. However, such agreements must be recorded in the contract in transparent and clearly-worded terms.

Reorganisations & Restructuring Efforts (collective redundancies)

Is your order portfolio shrinking? Has your organisation's financial position taken a turn for the worse? Perhaps your company is undergoing an automation process due to new IT developments. Reorganisations can be prompted by a wide range of reasons. The employment lawyers at DVAN can offer guidance throughout every step of the process. After all, effective preparations count for 90% of the overall effort.   

Transfer of undertaking

Labour is a critical factor in any merger or acquisition process. If you are purchasing a business, the employment lawyers at DVAN will assess whether the associated employment relationships are sufficiently sound. After all, you need to rule out any undesirable future situations. In the wake of a merger process, it is advisable to harmonise the two organisations' employment conditions in order to minimise administrative burdens.

Individual and collective redundancies

Employment relationships can end under any number of circumstances. If you fail to reach a mutual agreement, an employment lawyer can help you take the matter to court or the UWV Employee Insurance Agency. A detailed file on the redundancy will offer crucial leverage in this process. This will also help shorten the negotiation process and reduce costs. Our employment lawyers know how to structure an effective file and will help you gather all the necessary information.

Directors & senior management

Those serving as directors under the articles of association are in an exceptional and complex position due to their legal responsibilities and the lack of statutory safeguards against dismissal. The employment lawyers at DVAN supervise employers and directors, offering support on all legal aspects of the appointment, dispute and dismissal process.

Employee participation

Companies with 50 or more employees are obliged to set up a Works Council. Works Councils offer solicited and unsolicited advice on complex issues within the organisation. These recommendations can directly influence a company's decision-making processes and thus tend to have a major impact on the entire organisation. This can give rise to complicated situations and tensions. The employment lawyers at DVAN provide both management boards and Works Councils with support on any questions or disputes relating to employee participation.

Pension rights

A solid and secure pension is important, no matter whether you are an employee or entrepreneur and director/majority shareholder. The only difference lies in the way in which your pension is organised. The pension law specialists at DVAN offer employers advice on a range of issues, such as the influence of equal treatment legislation on pension schemes, compliance with the Pensions Act and pensions in relation to mergers and acquisitions. They can answer questions such as: who should administer my pension, what happens if I fail to make a contribution on time and by which sectoral pension fund is my company covered?

Wet Werk & Zekerheid

Begin dit jaar is de ‘Wet Werk en Zekerheid’ ingevoerd. Wat is de invloed van de nieuwe wet op uw organisatie?

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