Our highly experienced team of employment lawyers advises employers as well as employees, whether the matter concerns a dismissal, termination of employment, non-competition clauses, or a reorganisation.
Legal action on dismissal often concerns disputes on summary dismissal, dismissal during illness, dismissal due to unsatisfactory performance, or a non-competition clause or non-solicitation clause. AMS has a great deal of experience in these types of cases, acting either for an employer or an employee. We also advise on the amount of severance pay at termination of an employment contract based on the rules of the transitional severance payment.
There are various types of severance benefits under Dutch law. These severance benefits include compensation as (neutral) transition severance payment, and reasonable compensation if the employer is culpable for the dismissal. In addition, in the Netherlands, there are also types of compensation agreed to by both employer and employee (sometimes known as “golden handshakes” or “golden parachutes”). These types of compensation are generally recorded in a “termination agreement” or settlement agreement.
We also regularly advise large and smaller companies as employers on restructuring. Restructuring or reorganization may involve collective dismissal (also called: mass layoff). We advise not only on how the restructuring will be implemented, but also on the contents of a possible redundancy plan. In addition, we often act for employees who are dismissed during restructuring. Because our employment attorneys often act for either employers or for employees, we are able, without tunnel vision, to advise in all employment law related issues.
We regularly advise corporates on the contents of employment contracts that a corporate as employer can then apply in the company. Our lawyers also advise corporates on all other issues related to employment law, such as a mandatory works council and the dismissal of company directors (managing directors). In addition, we conduct annual audits to see whether a company’s employment contracts are still up-to-date with current changes in Dutch legislation and, when instructed, draft special employment contracts, such as an employment contract for a managing director-major shareholder or for an expat.
AMS’s highly experienced team of employment lawyers both advises and litigates for Dutch and international corporates and individuals. We are committed to providing our clients with not only excellent service, but also cost-effective fee structures. Please do not hesitate to contact us for more information.