Dismissal
At ExpatLawyer, we provide in-depth assistance for expats facing dismissal. Our services include a thorough evaluation of your dismissal case, including assessing the legal grounds and potential violations of Dutch employment laws. We guide you through every step, from responding to dismissal notices to challenging unlawful dismissals in court. Our expertise covers various dismissal scenarios, such as redundancy, performance-related issues, and misconduct. We also negotiate with employers for fair severance packages and advise on the legal implications of your dismissal on your residence status in the Netherlands.
If you are being or at risk of being dismissed, this might have a tremendous impact, both personally and emotionally, as well as financially. Assistance from a specialized attorney can bring peace during these hectic times. We are ready to support you in a dismissal procedure, as well as provide advice on a dismissal proposal from your employer. Together, we aim to achieve the best possible outcome from a challenging situation.
Settlement agreement
Often, employees and employers opt for a mutual termination of the employment contract by entering into a settlement agreement. This agreement addresses matters such as (for example) the notice period, non-solicitation clause, non-compete clause, social media clause (the employee must not speak negatively about the employer online), and severance pay. It is important to receive proper advice in this matter because the correct wording can be crucial, for example, for the eligibility for unemployment benefits. After signing the settlement agreement, an employee still has a 14-day reflection period.
Our experts are adept at handling settlement agreements, ensuring they are legally sound and beneficial for you. We scrutinize every aspect of the agreement, including compensation, confidentiality clauses, and future employment restrictions. Our aim is to negotiate terms that protect your rights and future career prospects. We also provide clear explanations of complex legal terms and implications, ensuring you make informed decisions. Additionally, we advise on the tax implications of your settlement and assist in securing the best possible terms in line with Dutch employment law
Employment conflict
What should you do in case of a conflict at work? Your employer should behave as a ‘good employer’. In the event of a conflict, this means, among other things, that your employer must make an effort to resolve the conflict. What this effort looks like exactly varies from case to case. Under certain circumstances, it may be required of your employer to participate in a mediation process. However, this applies equally to you as an employee. The resolution of a workplace conflict is different in every case. Sometimes it can be achieved by having a conversation with your employer and jointly seeking a solution, possibly under the guidance of an independent and registered mediator. However, sometimes the solution may not lie in a discussion about continuing the employment contract, but rather in negotiating its termination. After all, it might be the case that – even after mediation – the relationship between employer and employee cannot be restored.
In employment conflicts, our team offers solutions that range from informal negotiations to formal legal proceedings. We handle conflicts related to harassment, workplace safety, disturved relationships and other employment issues. Our approach involves a thorough understanding of your situation, strategic planning, and strong advocacy to protect your interests.
Wage claim
There can be several reasons why your employer fails to pay your wages on time, in full or at all. For instance, your employer might have suspended or terminated your salary as a penalty, believing that you are not sufficiently cooperating with reintegration during illness. The wage stop might also result from an immediate dismissal. Additionally, your employer might simply be unable to pay due to financial difficulties.
For wage claims, we provide comprehensive legal support. This includes a detailed analysis of your employment contract, payroll records, and applicable laws to determine the accuracy of your claim. We typically start by sending a letter demanding your employer to resume wage payments. We also assist in negotiating with employers for due wages and, if necessary, represent you in legal proceedings to recover unpaid salaries, overtime, bonuses, and other entitlements. Our team also advises on the legal routes available if your employer refuses to comply, ensuring you understand each step of the process.
If your employer's failure to pay wages is due to financial problems and there is no expectation of recovery, we might also advise you to file for your employer's bankruptcy. We can assist you with this process. Once the company is declared bankrupt, the UWV will pay your overdue salary for a period of 13 weeks. Holiday pay is (pro rata) paid out over a period of 1 year.
Non-compete and non-solicitation
A non-compete or non-solicitation clause in your contract can be a significant burden when looking for a new job. The penalty for breaching it is often substantial. Fortunately, not every non-compete or non-solicitation clause is valid. Such clauses must always be agreed upon in writing. Even ifit is validly agreed upon, these clauses are not always (completely) enforceable by your employer. For example, it's questionable whether a non-compete clause is still valid if you have changed positions, while the initially agreed upon non-compete clause has not been modified.
We specialize in advising on non-compete clauses, assessing their scope, duration, and enforceability under Dutch law. Our services include negotiating amendments to these clauses to ensure they don't unfairly restrict your future employment opportunities. We provide guidance on the legal consequences of breaching such clauses and represent you in disputes regarding their enforcement. If required, we can request the subdistrict court for the complete or partial annulment of the non-compete or non-solicitation clause. In a summary proceeding, we can also request the suspension of the non-compete clause. Our team also offers strategic advice on how to handle job offers and career moves that might be impacted by a non-compete clause.
Employment conditions
Employers in the Netherlands can change terms and conditions of employment contracts in several ways. However, the starting point is that agreements made must be honored. Changing a term or condition of employment (to the detriment of the employee) is in principle only possible when the employee consents to this change. In that case, the employee’s consent should not be readily assumed. There are a number of exceptions to these principles.
At ExpatLawyer.nl, we assist in disputes over changes to employment conditions, ensuring any modifications are fair and compliant with Dutch laws. We also advise on legal entitlements such as leave policies, health and safety regulations, employee benefits, and workplace accommodations. Our expertise also extends to advising on equal treatment in the workplace, addressing issues like wage disparity and discriminatory practices.
Employment agreement
Our services in drafting and reviewing employment agreements are comprehensive and detailed. We ensure your contract adheres to Dutch employment standards and aligns with industry practices. We pay close attention to details such as job description, compensation, work hours, probationary periods, and termination procedures. Our team also advises on special clauses like confidentiality, intellectual property rights, and post-employment obligations. We emphasize clear communication and understanding, ensuring you are fully aware of your rights and duties under the contract. If you are presented with an employment contract, or are considering a switch to another employer, we are happy to take a look at your contract. A critical review of clauses such as non-compete, non-solicitation or IP-clause can often prevent future problems. We are available for drafting and/or reviewing a management agreement or contract for services.