Employment & Employee Benefits

Barbara Kloppert
Stefan Sagel
Mirjam Kerkhof
+ 16 other experts

Employment law in the widest sense of the word

... providing employment expertise to the Corporate and Mergers and Acquisitions practices in national and international transactions.

We advise on the social and employment law aspects of mergers, acquisitions, joint ventures and outsourcings, and represent companies in respect of dismissals, collective dismissals, reorganisations, downsizings, national and European co-determination (Works Councils Act and European Works Council Act), Collective Labour Agreements (CAOs), flexible and temporary employment relationships, pensions law, equal treatment and industrial actions (strikes). Our lawyers appear before all courts, up to and including the Netherlands Supreme Court appeals.

The size and depth of the practice and the nature of our client base ensures that our lawyers are fully abreast of current developments and are totally conversant with current market practices. We advocate a practical and pragmatic approach to problem-solving.

Recent Matters

'Very pleasant to work with' - the firm's diligence is a source of praise among clients, one underlining its 'well thought through and comprehensive advice'.

Chambers Europe, 2021
Chambers Europe, 2021

Insights

16 March 2021

Consultation launched on new legal entity for social entrepreneurs

In July 2020, the Dutch government announced its plans to introduce the BVm (maatschappelijke BV) in Dutch corporate law – see our previous In Context article. The BVm is a new type of private limited liability company for social entrepreneurs active in addressing societal issues. The new type of legal entity will make it easier to identify companies with a positive impact on society. This will in turn help social enterprises and stakeholders connect and do business with each other.
9 November 2020

Female workers to be compensated when maternity leave and paid holiday overlap

On 6 November 2020, the Dutch Supreme Court answered preliminary questions about the equal treatment of men and women in the context of collective employment terms. The questions had been put forward by the The Hague District Court in a case raised by a school's female employee. The case centred on a clause in the collective labour agreement for secondary education (CLA) that stated that no compensation would be granted to female employees if their (prenatal or postnatal) maternity leave coincided with school holidays other than those during the summer. The Supreme Court ruled that this provision violates equal treatment legislation, as it makes a direct and unlawful distinction between male and female employees. This ruling makes clear that female employees must be compensated if their maternity leave coincides with holiday leave. It further illustrates that courts may set aside clauses which do not safeguard the equal treatment of men and women in their employment terms. Stefan Sagel, Irina Timp and Fieke Weber of De Brauw's employment team successfully litigated this case before the Supreme Court on behalf of the employee and teachers union AOb.
15 October 2020

NOW-3: Dutch government continues support for employers, but on less generous terms

The government in the Netherlands is extending its salary subsidy scheme to the end of June 2021. Employers will continue to receive assistance under ''NOW-3", but conditions are stricter than in previous NOW regulations. The details of NOW-3 were published in the Staatscourant on 9 October 2020.

Team

Mirjam kerkhof

Mirjam Kerkhof

Senior Associate

Daniel vangerven

Daniël van Gerven

Senior Associate