Under the law, employees have a reasonable legal status. But in practice, however, legal support is still necessary in order to actually obtain justice. We are happy to offer that support and will guide you if possible to a proper solution, and if necessary through legal proceedings. We also provide support during a mediation process, whereby we act as a lawyer and not as a mediator. It gives us great satisfaction if we can use our many years of experience and our network for your benefit.
Where can we support you?
Your employer may ask you to leave for various reasons, e.g. because of a reorganisation, or because of unsatisfactory performance. Other reasons are an impaired working relationship or long-term illness. However, your employer cannot achieve termination of your contract all by itself. Your consent is required. If you withhold your consent, your employer will need to go to the UWV or the court in order to be able to dismiss you. Most employers will first try to get your consent and ask you to sign a termination or settlement agreement. We can assess whether the employer has a good reason for dismissal and whether it is wise to cooperate with the dismissal.
We will also look at the financial side. Often the employer has to pay an allowance in case of dismissal, a so-called redundancy payment. If the employer has been seriously culpable, it may have to pay additional ‘fair compensation’.
We will also examine what other matters can be arranged in the event of dismissal, such as reimbursement of a training course / or coaching to find new employmentWe also always try to have the costs of legal assistance reimbursed by the employer.
In many cases we can reach a good settlement for you, whether or not through mediation. If that does not succeed, we can litigate on your behalf.
Your employer can dismiss you summarily without your consent if there is an urgent reason (e.g. fraud, threats, etc.).
In the event of summary dismissal, it is advisable to take swift action. If you do nothing, there is a high risk that you will not only lose your job but also be unable to claim state unemployment benefit. We advise you in any case to send a letter as soon as possible. Within two months of the date of dismissal, proceedings must have been instituted before the court to rescind the dismissal. We therefore advise you to contact us directly.
Occupational disability and illness
If you want to report sick or have reported sick, it is important that you know what rights and obligations you and your employer have. Many employment relations are coming under pressure because mistakes are made by the employer or employee in the steps required to be taken where an employee is on sick leave. We often assist employees during (long-term) sick leave, sometimes only in the background, but also in the foreground, and sometimes also during mediation. We can also help you if you want to leave your employer while you are on sick leave. In that case, we will also advise you of your benefits position.
Contracts and amendments to employment conditions
Are you about to take a new job and do you want certainty about the contract that your new employer is asking you to sign? You can ask us to check the contract.
Does your employer want to alter your employment conditions relating, for example, to your pension? Then you can ask us for advice.
Non-competition clause/non-solicitation clause
You may not be free to join the competitor or contact the business relations of your former employer. A non-solicitation or a non-competition clause may apply. We can advise you on your legal position, and negotiate and also litigate on your behalf.
Working abroad or working as a foreigner in the Netherlands
Working abroad or working as a foreigner here in the Netherlands requires good preparation. EU citizens generally do not require a work permit. However, for citizens from so-called third countries, a permit is usually required. In that case, we can advise youMoreover, there may also be a lack of clarity regarding working conditions and social insurance payments during cross-border work. That is another matter on which we can give advice.
Whistleblowing and inappropriate behaviour
On 1 July 2016, the Dutch Whistleblowers’ Office Act was introduced. Employees can now turn to the Whistleblowers’ Office if they have a suspicion of an abuse by their employer. The Office can outline the possibilities for employees, but can only offer limited support. It often advises complainants to seek legal support. Because Emke Vreugdenhil works and has trained as a confidential advisor, she is well qualified to provide this support.
Emke Vreugdenhil can also assist employees who are confronted with inappropriate behaviour, such as discrimination, bullying, aggression and sexual harassment.