The labor law in the Netherlands protects both employees and employers. Whether it concerns an employment contract, dismissal, illness, wages or reintegration: clear rules determine what is and is not allowed. The employment law lawyers from Arslan Advocaten help with every issue – from advice to legal proceedings. On this page you will find a complete overview of the most important themes in employment law, including detailed explanations and references to our in-depth blogs.
1. Employment contract: types, conditions and pitfalls
The employment contract forms the basis of every employment relationship. Whether it concerns a permanent, temporary or on-call contract – the agreements must be clear, fair and legally correct. We advise on:
- Flexible contracts after the WAB – pitfalls for employers and employees;
- Competition and relationship clause – when is it valid?;
- Settlement agreement – terminate safely by mutual consent.
An unclear or incomplete employment contract often leads to conflicts. We help with drawing up, assessing and negotiating contracts, including collective labor agreement application and employment conditions.
2. Dismissal law: protection and procedures
Dutch dismissal law offers employees far-reaching protection, but also has exceptions. Employers must be able to demonstrate that a dismissal is reasonable and has been carried out with care.
Important themes are:
- Summary dismissal – urgent reason, evidence and consequences;
- Dismissal during illness – the limits and exceptions;
- Notice period and transition compensation – common mistakes and solutions;
- Role of the works council in collective dismissal – advisory right and Wmco procedure.
Transition compensation and fair compensation
In the event of dismissal, the employee is entitled to a transition compensation from the first working day. In special cases, an additional fair compensation may be granted. Read more in our blog about transition allowance and the differences with other allowances.
3. Illness, reintegration and continued payment of wages
In the event of illness, mutual obligations apply to employee and employer. The employer must continue to pay wages for two years and cooperate in reintegration. The employee must cooperate in recovery and accept reasonable proposals.
Our specialists have written extensive articles about:
- Dismissal during illness – what is allowed and what is not?;
- Right to wages in the event of suspension or layoff – your rights conflicts;
- Burnout and work stress – when is the employer liable?
We also assist you in complex situations such as an employment conflict during illness or a wage sanction by the UWV.
4. Conflicts in the workplace and mediation
A labor conflict does not necessarily have to lead directly to dismissal. Mediation can often help to restore the relationship or make agreements about a proper termination. Read our blog Labor conflict and mediation for a complete step-by-step plan.
If mediation fails, The subdistrict court judge can terminate the employment contract on the grounds of a disrupted employment relationship. We guide you in both processes – from recovery attempt to process strategy.
5. Wages, suspension and disablement
An employer may not simply withhold wages. Payment may only be stopped in the event of serious culpability or refusal to work. In our blog Right to wages in the event of suspension you can read how this works legally. Have you been unfairly suspended? Then you can claim wages and compensation through the court.
6. Special topics in employment law
Arslan Advocaten also deals with special themes that are becoming increasingly important in the modern labor market:
- Working from home and instruction law – what is the employer allowed to do? determine?;
- Flexible contracts under the WAB – rights and obligations of on-call workers;
- International employees and expats – permits, taxes and liability.
Also topics such as payroll, secondment and Self-employed constructions fall under our expertise. We ensure that employers comply with all legal requirements, so that fines and procedures are avoided.
7. Transition compensation, notice period and financial settlement
The financial side of dismissal is complex. In addition to the transition compensation, other compensation may also apply, such as wages for a notice period, untaken vacation days or bonus schemes. Read the blog about notice period and transition compensation for an overview of common mistakes.
Our lawyers check calculations, negotiate settlement agreements and ensure that you get what you are entitled to.
8. Burnout, work stress and employer liability
Psychological overload is a growing problem. Employers have a legal duty of care to limit workload and provide a safe working environment. If they do not do so, they may be liable for damage. Read the extensive article Compensation for burnout or work stress for an explanation of evidence, duty of care and damage items.
9. Rights and obligations of employers
It is crucial for employers to know their legal position well. Errors in dismissal, contracts or wage payment quickly lead to procedures and additional costs. We advise employers on:
- Termination of employment contracts and reorganisations;
- Consultation with the works council in the event of collective dismissal;
- Preventing wage sanctions upon reintegration;
- Policy against undesirable behavior and psychosocial burden;
- Drawing up employment conditions, manuals and policy.
10. Why choose Arslan Advocaten?
Arslan Advocaten combines legal expertise with personal involvement. Our lawyers specialize in employment law and assist both employees and employers. We analyze your situation thoroughly and always look for a practical, fast and sustainable solution.
From preventive advice to legal proceedings: at Arslan Advocaten you know where you stand. Read our practice-oriented articles for more in-depth information:
- Competition and relationship clause
- Working from home and instruction law
- Flexible contracts WAB
- href="https://arslan.nl/opzegtijd-transitiekosten/">Notice period and transition compensation
- Right to wages in the event of suspension
- Labor conflict and mediation
- Burnout and employers' liability
Contact with Arslan Advocaten
Are you dealing with an employment conflict, threatened dismissal or dispute about wages or compensation? The employment law specialists at Arslan Advocaten are ready to help you. We work quickly, expertly and solution-oriented - always with your interests in mind.
Contact us for direct legal advice or a no-obligation introductory meeting.