As markets become increasingly global and the law affecting employees
becomes more complex, the need for management to be cognizant of its
obligations as an employer has never been more critical. Moreover, employing
people is itself a complicated business. Not knowing one’s obligations as an
employer can be expensive and damaging.
This book gives employers a clear understanding of Dutch employment law, with
practical and legal information on the hiring and firing of employees, terms
and conditions of employment, workplace issues, and the rights of works
councils. It offers practical guidance to in-house counsel and lawyers who
deal with Dutch labour law and codetermination issues, and also serves to
facilitate communication between foreign business persons and their Dutch
Among the issues and topics covered are the following:
collective labour agreements;
changes in employment agreements;
covenants of confidentiality, non-competition, and protection of intellectual
wages, hours, holidays, sickness;
health and safety compliance; leave: maternity, adoption, parental, domestic
emergencies, short-term care;
pensions and early retirement; suspension and termination;
employee’s job security and confidentiality; disclosure of information on
certain contemplated actions;
matters requiring prior consultation;
employee participation in small enterprises;
implementation of council directive 94/45 in the Netherlands;
and obligation to inform and consult in time.
The authors, both lawyers at Allen & Overy’s Amsterdam Employment Practice
Group, are seasoned practitioners, experienced in a wide range of
employment law-related matters such as individual and collective dismissals,
strikes, union and employment contract negotiations (both in an advisory role
and regarding litigation), and in representing international clients in the
Dutch legal arena. They have particular knowledge and experience of works
council issues and disputes at board room/executive level. This is an ideal –
even essential – handbook for Dutch employers, in-house counsel, and
employment and labour lawyers representing foreign companies with business
interests in the Netherlands.
Preface. About the Authors. Selected Websites. Part I: Employment
Law. 1. Labour Relations. 2. Staffing. 3. Employment
Agreement; General. 4. Employment Agreement; Terms and Conditions. 5.
Employment Agreement of Managing Directors. 6. Suspension and
Termination of Employment. 7. Collective Redundancies. Part II:
Works Councils. 8. Dutch Works Councils. 9. Establishment. 10.
Procedure. 11. Information, Consultation and Consent. 12.
Employee Participation in Small Enterprises. 13. Judicial Recourse.
14. European Works Councils in the Netherlands.