Legal advice employment law
Do you need help with dismissal or a labor dispute? As a Dutch employment lawyer, I am
specialized in it!
Legal advice dismissal
Many different questions often arise during a dismissal. As an employment lawyer, I provide legal advice about (the reason for) the dismissal, the way in which it may be given and the right to severance pay.
In many cases, employer and employee (eventually) come to a dismissal with mutual consent. It is important to pay close attention to a number of things, such as the date on which the employment contract is terminated, the right to a unemployment benefits and the amount of the severance pay.
Negotiating severance pay
The amount of the severance pay is often negotiated when concluding a settlement agreement. The 'transitievergoeding' is often used as the starting point.
In some cases , the employee is entitled to a (significantly) higher severance pay. Whether that's the case depends on the circumstances that led to the dismissal and to what extent everything is laid down in a dismissal file.
It is therefore wise to engage an experienced employment lawyer when negotiating the severance payment and other conditions of the settlement agreement. Read more below about the costs of my legal advice for dismissal.
A labor dispute can be about many different things. Think of a conflict between employer and employee about the way in which the work is performed. Or an employee that claims wages while the employer believes that no wages need to be paid.
As an employment lawyer I have the knowledge and experience to provide employees and employers in The Netherlands with sound legal advice.
Another topic about which labor disputes often arise is illness of the employee. Sometimes the employer disputes that the employee is actually ill. If an employee no longer appears on the work floor due to a conflict, an employer can regard this as a refusal to work. In such a case, employers want to know whether the employee can be forced to return to work. It is also important to know if and for how long to continue to make salary payments.
An employee may have dropped out due to a high workload in the workplace. This counts as illness if the employee is overstrained or suffers from a burnout. This must be determined by a health and safety doctor. If employee is ill, the employer also has reintegration obligations.
In the event of illness, an employee cannot be fired. In some cases the employment contract can still be terminated by mutual consent. In such a case, it is always advisable to engage a specialized Dutch employment lawyer.
Dutch employment law applies to an employment contract. This entails obligations for the employer. It is therefore important that the employment contract is drawn up correctly. I provide legal advice on all matters that must be included. Think of the requirements for including a non-competition and/or non-solicitation clause for example.
If an employee is hired on a freelance basis, it is very important to pay attention to the wording of the agreement. An independent contractor agreement must then be drafted. Such an agreement has to meet a number of requirements to prevent the application of Dutch employment law.
In case of a conflict about the terms of the employment contract, I can provide you with sound legal advice.
In the event of a labor dispute, it is possible to mediate between employer and employee. If employer and employe still want to work it out together, mediation can provide solace. An employment lawyer can listen to both sides, provide legal advice and propose a settlement. A labor dispute for which there seemed to be no solution, can sometimes be ended in this way.
Employment lawyer in The Netherlands
Labor disputes can be very difficult for employee and employer. It is therefore important to obtain legal advice and/or hire an employment lawyer to represent you in due time.
It is not necessary to hire a licensed attorney for this. A lawyer can do the same as a licensed attorney in Dutch employment law. I have many years of experience as a Dutch licensed attorney, specialized in employment law. Therefore, I provide high-quality legal advice and legal assistance. Now, I no longer work as a licensed attorney but as a lawyer. Therefore, I can help you for a very affordable price. I charge an hourly rate of 90 Euro for individuals and 95 Euro for companies.
In the event of a dismissal via a settlement agreement, it is customary for the employer to reimburse the costs of the legal assistance of an employment lawyer. The employee usually does not have to pay anything for this. Therefore, it is almost always beneficial for an employee to engage an employment lawyer for this in The Netherlands.
Please feel free to contact me anytime to see what the possibilities are.
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