Employment, Employee Participation & Mediation

Employment, Employee Participation & Mediation

The labour market is subject to rapid developments that make it challenging to attract and retain good people. As an employer, how can you ensure that you stay ahead of the field? Good employment conditions, effective employment participation and a safe working environment will provide you with a solid foundation! We specialise in Employment and Employment Participation, and will be happy to assist you with these challenging matters. Numerous enterprises, employers, HR professionals and employees have come to us for advice and guidance. Much of our work for a long time has involved preventing and resolving disputes and problems, and we have done so with a great deal of enjoyment and satisfaction.

Employment

Employment concerns people and organisations, how they relate to one another, and how they respond to the rapid developments they experience. The scope of employment law is far greater than work alone. Read more

Employment Participation

Effective employment participation is a key factor in the optimal performance of every organisation. It ensures improved results and reduced risks. We use our passion for employment participation to help arrive at mutually supported decisions that serve the interests of both the organisation and its employees. Read more

Mediation

Mediation is an excellent tool for arriving at an effective solution by mutual consultation. The mediator guides the parties involved in finding a sustainable solution that they propose themselves. It is fast, efficient, and less costly. Read more

Cases

Facilitating a merger between part of a Dutch service provider in the travel sector and a similar sister company in Germany
This involved providing the Dutch director with advice on the employment law aspects of the merger and documenting these, in cooperation with other aspects.

Establishing the employment participation structure for an IT group
Together with the management and employment participation bodies, we advised on an employment participation structure that would align with the restructured group.

Mediation in the event of disrupted cooperation and labour relations
We provide mediation in team situations, whether between employee and supervisor, between colleagues, or within the Management Team. As an MfN (Netherlands Federation of Mediators) Register mediator, we guide the mediation to seek a sustainable solution that prevents further breakdown or escalation. The goal is to achieve a win-win solution that is supported by all parties involved.
 

Legal 500

‘What I really appreciated about the firm was that they kept things practical and didn’t make matters bigger than they needed to be. The firm consistently provided concise and straightforward answers to my questions, allowing me to take action right away.’

Legal 500

2026

‘I really appreciated that my lawyer approached our collaboration as a partnership.’

Legal 500

2026

‘A large and high quality team capable of taking on the most complex of matters.’

Legal 500

2026

‘De Clercq Advocaten Notariaat’s employment practice stands out for its expertise, responsiveness, and practical approach. The team is knowledgeable across all areas of employment law and provides advice that is both legally sound and easy to implement in practice.’

Legal 500

2026

''I like working with Jaouad Seghrouchni. He is very friendly to work with. His advice is clear and to the point.''

Legal 500

2026

''Eveline Bakker and Renate Vink-Dijkstra were very flexible and experts in their field. They understood our problems and helped us through the difficult case. They were very empathetic.''

Legal 500

2026

''I have worked with Jaouad Seghrouchni, an individual that is clearly a stand-out lawyer. He is responsive, approachable and always on the ball. In addition, his pragmatic approach and analytical skills help him to easily translate and process complex matters.''

Legal 500

2026

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The latest developments

Employment, Employee Participation & Mediation

Reorganising Despite Negative Works Council Advice: How Far Does Management Discretion Extend?

24 July 2026

A management board decides to implement a reorganisation, despite the works council (OR) having issued a negative opinion. The management board nevertheless intends to proceed with the decision. How far does its discretion to organise the company extend? A recent decision by the Enterprise Chamber of the Amsterdam Court of Appeal (OK) shows that this discretion is broad, provided that the management board follows the employee participation process carefully and provides a sound justification for its decision.

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Employment, Employee Participation & Mediation

The Act Implementing the Revised EU Directive on European Works Councils: What Will Change for the European Works Councils of Multinational Companies?

13 July 2026

Multinational companies with a European Works Council (EWC) are facing significant changes. On 26 November 2025, Directive (EU) 2025/2450—the revised European Works Council Directive—was adopted. EU Member States must transpose the Directive into their national legislation by 1 January 2028. In the Netherlands, this will be achieved through the Act Implementing the Revised EU Directive on European Works Councils, which amends the Dutch European Works Councils Act (Wet op de Europese ondernemingsraden (WEOR)) and introduces a limited amendment to the Economic Offences Act (Wet op de economische delicten (WED)). Below, we outline the key changes introduced by the proposed legislation.

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Employment, Employee Participation & Mediation

The More Security for Flexible Workers Act Has Been Adopted: What Will Change for Employers?

9 July 2026

On 7 July 2026, the Dutch Senate approved the More Security for Flexible Workers Act (Wet meer zekerheid flexwerkers). The new legislation is intended to provide employees with flexible employment contracts with greater certainty regarding their work, income, and working hours. The Act addresses four key areas: on-call contracts, fixed-term employment contracts, temporary agency work phases, and the employment conditions of temporary agency workers.

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