Transfer of undertaking / In- & outsourcing
Bronsgeest Deur advises on all employment aspects in relation to mergers, acquisitions, in- and/or outsourcing. All of these topics encompass a range of employment issues, varying from consultation with Works Councils and Trade Unions to harmonization of employment conditions, staff relocation and integration. Bronsgeest Deur has extensive experience in all these issues and is able to provide a pragmatic approach throughout the whole process.
Protecting the knowledge that was carefully build up by an employer can at some point be crucial to maintain the position of the company in its market sector. Many employers have therefore incorporated competition- and relationship clauses in their employment contract. Bronsgeest Deur possessed considerable experience in, amongst others, the drafting of such clauses, the legal assessments of the validity of non-competition clauses, as well as representing clients in law suits.
A large number of disputes between employers and employees are settled out of court. Such settlement can only be achieved by thorough guidance and assistance of the settlement process and being prepared to pursue the matter further in court if need be. Bronsgeest Deur has extensive experience is representing clients in law suits in all sorts of employment matters.
Individual and collective dismissal
Termination of an employment contract is an area which demands in depth knowledge of the applicable rules and regulations. Bronsgeest Deur possesses the required knowledge and provides legal advice and support when it comes to both individual and collective dismissals. In individual cases, Bronsgeest Deur provides advice on the best (pragmatic) approach to come to a termination of the employment and negotiates on dismissal conditions on a daily basis.
A collective redundancy requires a different approach. Bronsgeest Deur provides advice and support on the selection of redundant employees, in preparing the necessary documentation for a possible co-determination procedure with the works council. We assist with drafting a Social Plan, negotiate with the Works Council and/or Trade Unions and file the necessary paperwork with the UWV.
The position of a Managing Director ("Statutair Directeur") requires special attention and in depth knowledge of the legal system when it comes to both the appointment as well as the suspension and/or dismissal. Bronsgeest Deur advises on all employment related aspects pertaining to the position of a Managing Director.
Contracts and Documents
Bronsgeest Deur drafts, reviews and advises on all forms of legal documents, ranging from standard employment contracts to staff handbooks, various compensations schemes and contracts with self employed commercial partners.
Tax- and Pension law
We have a well established working relationship with Tax advisors and specialists in Pension law. With that the firm is able to provide its clients full-service in employment law matters.
Data protection and privacy
With privacy becoming an increasingly important topic within society, it is also an important element to consider for employers. Bronsgeest Deur has ample experience in the field of legislation on data protection and privacy laws, in particular concerning databases and software for human resources and personnel management, including cross-border data transfer issues, monitoring of e-mail and internet use and the use of surveillance cameras and tracking systems. Our office is actively advising our clients about the new European privacy rules (privacy audits, seminars, data mapping, process management, drafting templates, in-house training sessions etc.
In an increasingly international society, cross-border employment and global mobility gain even more importance. Bronsgeest Deur deals with all of these aspects. We assist in drafting the necessary documents and provide immigration guidance on visa's, work permits and residence permits. Through the Ius Laboris alliance, Bronsgeest Deur works on cross-border migration projects taking into account all applicable local requirements for expats.
Whether there is a direct financial need to restructure the business or whether the aim is to make the company more cost efficient, Bronsgeest Deur is able to provide advice and assistance in all employment law aspects in relation thereto. This ranges from a legal assessment of the evisaged restructuring and the implications thereof for the staff, negotiations with individual employees, Works Councils, and/or Trade Unions and the preparation of all the necessary documentation.
Bronsgeest Deur advises on all rules governing employee representation within a company. Not only does Bronsgeest Deur advise companies on the information, consultation and approval rights of Works Councils and other co-determination bodies, it also represents Works Councils in their respective procedures within companies.
Illness and incapacity for work
Employment law in the Netherlands requires an employer to continue payment of salary for the duration that an employee is on sick leave, with a maximum of 104 weeks. In addition, the law sets all sorts of obligations for both the employee and the employer to facilitate as much as possible the speedy recovery of the employee. Bronsgeest Deur provides its clients with hands-on advice throughout this process.