Employment law

Employment law is about the rights and obligations of employers and employees. From employment contracts and dismissal procedures, to illness, compensation and inappropriate behaviour. We assist both employers and employees, including in disputes or negotiations.

Sound advice calls for a full understanding of the relationship between employer and employee, and of the related relationships between client and contractor and between the statutory director and the company. Where work, pay and a relationship of authority come together, there is an employment contract and the rules of Title 10 of Book 7 of the Dutch Civil Code (Burgerlijk Wetboek) apply (article 7:610).
We draw up solid employment contracts, with non-competition clauses, termination options and other provisions tailored to the situation. We often do so in the media sector: for talent, broadcaster or producer. A non-competition clause only holds up if you agreed it in writing with an employee who is of age, and in a fixed-term contract you also have to set out on paper which compelling business interest justifies it (article 7:653).

We also draft the services agreement with the freelancer and the self-employed contractor, governed by article 7:400 and following, and sound management agreements. In each of these we cover every intellectual property aspect. Since 1 January 2025 the Dutch tax authority has again been enforcing actively against false self-employment, and the Wet DBA sets out how an employment relationship is assessed. If you work with self-employed contractors, a contract that looks right on paper but works out differently in practice can leave you with an additional tax assessment.

And in conflicts we act clearly and decisively. Where a dismissal is involved, there has to be a reasonable ground for it and the transition payment comes into play (articles 7:669 and 7:673). Because we work in a businesslike and professional way, conflicts rarely get out of hand. If they do, we litigate properly and without theatrics. That gets better results than simply coming out fighting. For the court, after all, the case is one of very many: courts are not impressed by drama, but by facts and sound arguments, because those are what they base their decisions on.