Employment Law and Works Councils in the Netherlands

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 counsel.

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 property rights;
• 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;
• judicial recourse;
• implementation of council directive 94/45 in the Netherlands;
• environmental care;
• 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.