Employment & Employee Benefits

+ 14 other experts


Handling complex and multi-disciplinary employment matters, with market-leading experience in proceedings brought before the Supreme Court

We advise on the employment law and co-determination aspects of national and international mergers, acquisitions, joint ventures and outsourcings, as well as individual and collective dismissals. Our expertise focuses on advising large companies on the appointment and dismissal of higher management, remuneration schemes, reorganisations, collective labour agreements (CAOs), pensions law, national and European co-determination and industrial actions (strikes). Our lawyers deal with all aspects of employment litigation, and have an unequalled position in Supreme Court litigation.

As employment law is ever evolving, we ensure that our lawyers are fully abreast of current developments and market practices. Our lawyers are actively involved in the academic and judicial development of employment law, as speakers, university lecturers or members of the judiciary, and also publish regularly on various employment law issues.

We offer our clients specialist legal knowledge in multidisciplinary matters, in close cooperation with our regulatory, tax and corporate expertise groups.

Recent Matters

4 May 2023

De Brauw advised Triton Partners on the sale of Unica to Triton IV Continuation Fund

De Brauw advised Triton Partners on the sale of Unica (alongside three other portfolio companies) to a newly-formed vehicle, Triton IV Continuation Fund, which closed at €1.63 billion following a competitive auction process. Unica is a leading independent provider of technical services in the Netherlands, focused on end-to-end, sustainable solutions for utility buildings and industry. Unica is set to continue its growth journey through operational excellence and new add-on acquisitions via its proven M&A playbook. The business is further supported by market tailwinds in smart building and energy efficiency. De Brauw worked alongside Kirkland & Ellis, Thomessen and Linklaters to advise Triton on this complex multi asset fund to fund transaction, which provided Triton IV investors with a return of 3.7x on the combined invested capital, or the option to roll into the new vehicle to participate in the Portfolio Companies’ future growth.
16 March 2023

Couche-Tard to purchase petrol stations from TotalEnergies

Alimentation Couche-Tard Inc. (“Couche-Tard”) has committed to purchase the entirety of TotalEnergies' Dutch and German petrol stations. In addition, Couche-Tard and TotalEnergies intend to cooperate in the exploitation of TotalEnergies' Belgian and Luxembourg petrol stations. The transaction value is EUR 3.1 billion.Couche-Tard is a leader in the Canadian convenience store industry and is one of the largest independent convenience store operators in the United States. In Europe, Couche-Tard is a leader in convenience store and road transportation fuel retail in Scandinavia and the Baltic. TotalEnergies is a multi-energy company that produces and markets energies on a global scale.De Brauw has been engaged as Dutch counsel to Couche-Tard, acting alongside Cleary Gottlieb. The De Brauw team comprises Reinier Kleipool, Yi Duan, Rick van 't Wout, Eveline de Waard, Patrick van Rutten and Nick van Dongen.
28 February 2023

Redomiciliation of Spanish listed construction company Ferrovial to the Netherlands, adding a listing on Euronext Amsterdam

Redomiciliation of Spanish listed construction company Ferrovial to the Netherlands, adding a listing on Euronext Amsterdam

'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


30 May 2023

US-listed Dutch companies must adopt clawback policy under US Clawback Rules

With the final rules having been issued by the U.S. Securities and Exchange Commission, US stock exchanges will have to set listing standards requiring listed companies to adopt a clawback policy that provides for the recovery of erroneously awarded incentive-based compensation from former and current executive officers – known as US Clawback Rules. The SEC has also informally provided more guidance on the timing of the US Clawback Rules. Although the effective date of the US Clawback Rules is not yet certain, companies should prepare to have a final clawback policy ready for adoption by early August 2023. In this article, we describe the Dutch law considerations that US-listed Dutch companies should take into account when implementing the US Clawback Rules.
16 May 2023

European directive to enhance gender equality in pay

An evaluation on equal pay conducted in 2020 found that applying the principle of equal pay as included in Directive 2006/54/EC (equal opportunities and equal treatment of men and women in matters of employment and occupations) was hindered by: (i) a lack of transparency in pay systems, (ii) a lack of legal certainty on what is considered work of equal value, and (iii) procedural obstacles faced by victims of pay discrimination. The facts support the findings: women in the European Union still earn less than men for equal work. The average gender pay gap in the EU ranges from 0.7% in Luxembourg to 22.3% in Latvia. With a pay gap of 14.2%, the Netherlands falls in the middle range.
15 March 2023

Dutch Whistleblower Protection Act: how key provisions will affect organisations

In October 2019, a directive was adopted to enhance whistleblower protection across the European Union (see our previous article). To implement this directive, the Dutch Senate passed the Dutch Whistleblower Protection Act on 24 January 2023. Among other requirements, the new act amends requirements regarding reporting channels, and enhances protective and supportive measures for reporting parties. The act entered into force on 18 February 2023, except for certain provisions including those on enforcement and anonymous reporting. We highlight some changes introduced by the act that may significantly impact how organisations follow up on whistleblower reports.


Mirjam Kerkhof

Senior Associate