It's about real people
and personal questions
At OXP lawyers we know everything about the legal rules. And even more important: we also know how to apply them to real situations. We always focus on tailor-made solutions, because in every case there are different questions and needs. When necessary we can take care of the entire process. In other occasions we assist other experts. We are often the sparring partner for HR employees.
We ask critical questions to really be of service. We help solve common employment law problems and we also guide complex reorganization processes. Below we tell you more about our expertise, but do not hesitate to call or email us if you have a specific question.
> More about the lawyers of OXP.
Do you have questions about your employment conditions? Do you know what is and what is not possible? Do you want to know if certain agreements are legally valid or what is common in your industry? What the best way is to describe the agreement, as clear as possible for all parties?
We have a lot of experience in drafting and assessing employment conditions. We also regularly assist if there is a discussion about the explanation and application of the collective labour agreement.
Employment conditions come in all shapes and sizes.
• Collective labour agreements
• Employee Handbooks
• Working conditions
• Agreements on bonusses
• Agreements on competition clauses
• Agreements on study costs
• Agreements on leasing
• Travel allowances
• Contractual severance arrangements
Do you want to know when you need to set up a works council? How you approach that wisely and how you find the right people? Do you want to know how a company makes sure that members of the Works Council understand what they are doing and when the organization should actually submit a decision to the Council for advice? And what if the Works Council advises negatively or does not want to agree to a change?
Every company with staff has to deal with some kind of employee participation.
We guide processes from ‘intention’ to ‘decision’ and we are happy to assist with tailor-made solutions.
• Works Council
• Employee participation
• Staff representation
• Training & education for Works Council members
• Right of consent
• Enterprise Chamber Court of Appeal Amsterdam
Do you know what you can and can’t write in a contract? Which agreements are valid and which are not? Which topics you should definitely not forget and what the consequences are of a certain agreement? Do you want to know if the contracts you use are actually up to date? Do you want to make sure that everything is properly arranged when there’s a merger or a change in position?
We deliver contracts that fit your organization or function. Whether it is a straightforward employment contract or a special tailor-made appointment or a very specific clause, we are happy to assist you. We can also provide for a periodic check-up of your model contracts.
• Labour contracts
• Model contracts
• Assignment agreements
• Broadcast clauses
• Competition clauses
• Relationship clauses
• Study costs clauses
If employers want to dismiss an employee, is there sufficient substantiation? And if that is not the case, is there an other way to end the contract? How does that work? Is a severance payment mandatory? What does a good settlement agreement look like? What about unemployment benefits, a golden parachute, options and shares? What influence does the Dutch ‘WNT’ have on dismissal?
When a mutual arrangement is preferred, we know what the parties can still negotiate about and how the best solution can be found. And if litigation is unavoidable, we will guide the employer or employee through this process.
• Settlement agreement
• Reasonable ground
• Dutch ‘UWV’ dismissal procedure
• Court dismissal procedure
• Immediate dismissal
• Trial period dismissal
• Pension termination
• Transition allowance
• Fair compensation
• Termination fee
• Contractual severance payment
• Long term incentive
A reorganization requires good preparation. Whether it concerns financial problems that lead to personnel measures, a change process, a takeover or outsourcing … there are a lot of questions about a reorganization. Can you choose which employees will be taken over? And what if you are selected for dismissal, what can you do? When should you approach the Dutch ‘ondernemingsraad’, the works council and for what? Are you obliged to draft with a social plan? Can you select on quality? Which rules apply to relocation? Can you change the conditions?
We work with a step-by-step plan so that the entire process runs smoothly. So that all questions and answers are addressed, in the correct order. For large-scale projects we can even be present at fixed times in the workplace.
• Reorganization plan
• ‘Ondernemingsraad’ advice
• Unions advice
• Social plan
• Selection on quality
• Change in conditions
• Transfer of business
• Collective dismissal
• Objections procedures
Are you an (interim) P&O or HR specialist and do you want to stay well informed about changes in Dutch labour law? Do you want to know how you work with files, current employment contracts or a good reintegration process? Do you want to be more familiar with the ‘wet DBA’, ‘de wet Poortwachter’ or the rules on compliance? Or are you a member of the board or management and do you also think it is important to know what your rights and obligations are as an employer?
We regularly provide training. We do this in-company, 1-on-1 or for a group of individual (interim) professionals. Ask us about the possibilities and the various topics, and together we will put together a practical training with practical examples.
• Individual training
(also for lawyers on the payroll)
• Training HR specialists
• Update sessions or a quick course Dutch labour law
for interim HR specialists and managers
HR RISK MANAGEMENT
Do you know how to make sure that relevant laws and rules and internal regulations are properly aligned? And more importantly: do you also know what your compliance and HRM risks are?
Rules only have effect if everyone knows that they exist and how they should deal with them. Rules are not static; they are dynamic and in the end it is all about the people dealing with the rules. We are happy to help you with the HR risk management process, from risk analysis to implementation in your organization.
• Compliance (program)
• Governance Code
• Good ‘personeelsbeleid’
• Human capital
• Being a good employer
• HRM training
• Employee files (structure and management)
• Dutch ‘Klokkenluidersregeling’
• Social media protocol
The statutory director takes a special position within the Dutch law. But do you also know what has been changed earlier by the Dutch ‘Wet Werk en Zekerheid’ (WWZ) and recently by the Wet Arbeidsmarkt in Balans (WAB)? What an contract with the statutory director should look like? And do you know whether you always need a shareholder decision in case of a dismissal? If you are a statutory director, do you know what to do if your dismissal is suddenly on the agenda of the shareholders’ meeting?
We can help you with a good and tactical strategy.
• Governance Code
• Shareholders’ meeting
• Dismissal decision
• Termination agreement
• Golden parachute
DUTCH ‘WET DBA’
What’s important to know for organizations? And what should a self-employed person pay attention to? Is working with a model agreement sufficient for both parties? Do you know what risks there are?
First we look at the risks involved. Based on this risk profile you can decide whether or not you work with self-employed people and in which way. Together with a tax specialist we carry out a DBA audit to see if there are maybe other – more interesting – tax solutions.
In overleg met een fiscalist waar wij mee samenwerken, kunt u een DBA audit uit laten voeren om te kijken of er ook nog andere -interessantere- fiscale oplossingen mogelijk zijn.
• Model agreement
• Custom contract
• DBA audit
SICKNESS AND WORK DISABILITY
Not every employee who is sick is immediately unable to work. You determine this together with the company doctor and a labour expert. A clear approach for reintegration can help to get someone back on the road quickly. This is good for both the employee and the employer.
But what does this reintegration look like? Who is responsible for this? What happens if the disability to work is long-term and the Dutch ‘Ziektewet’ Sickness Benefits Act, the WW or the WIA / WGA comes into the picture? We help you with a professional approach that also feels good.
• Dutch ‘Wet werk en inkomen naar arbeidsvermogen’ (WIA / WGA)
• Dutch ‘Ziektewet’ (Zw)
• Dutch ‘Werkloosheidswet’ (WW)
• Dutch ‘Wet Poortwachter’
• Human capital
• Company doctor
• Own risk
• Wage sanctions
• Third year of illness