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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.
 

"The Clercq's team is responsive, has excellent knowledge of up-to-date law in the Netherlands, is committed to delivering high-quality advice and is keen on collaborating with us."

Legal 500

2024

“The level of knowledge they bring to the table is stunning. They are not only experts but also coaches throughout the whole process.”

Legal 500

2023

“The diversity in the team is great. And, last but not least, they are easy to get in contact with."

Legal 500

2023

“The Clercq Advocaten Notariaat shows excellent expertise. They are always up to date on the law, show profound interest in any developments with their clients in order to understand the position on cases they are dealing with, and are very cooperative.”

Legal 500

2023

"Despite the challenges, I found Henriette van Baalen's mediation to be very pleasant and meticulous."

May 2023

"We've been working alongside the specialists from De Clercq's WOR team for years, and their excellent communication skills have made the collaboration a pleasure."

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The latest developments

Employment, Employee Participation & Mediation

Cross-border behavior in the workplace: how to create a safe organizational structure

4 March 2025

Approximately one-third of working Dutch people experience cross-border behavior in the workplace. Cross-border behavior, such as bullying, intimidation, or discrimination, deserves attention within organizations. A safe organizational structure is essential to prevent such behavior. But how do you create such a structure? Cross-border behavior in the workplace does not appear out of nowhere. Often, unwanted behavior patterns, power imbalances, and unclear reporting structures creep into an organization unnoticed. These risks often lie within the organizational structure itself. By identifying these risks, you take an important step towards a safe and positive work environment. In this second blog of the series 'Cross-border behavior in the workplace,' I discuss six common risk factors. I also provide measures to reduce these risks and promote a safe work culture.

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Employment, Employee Participation & Mediation

New obligation for employers: code of conduct for unwanted behavior

28 February 2025

Attention employers with 10+ employees: a legal obligation to implement a code of conduct for unwanted behavior is on the way. As a result, the Working Conditions Act will be amended. This legislative change is now open for public consultation. You can provide your input until March 23, 2025, via this link.  

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Employment, Employee Participation & Mediation

At the table as a works council? Make sure you're involved early!

24 February 2025

"What is your most important tip for works councils?" As a co-determination lawyer, I get this question regularly. My answer is always the same: make sure you're involved early. Not when all the plans are already on paper, but when there are still real choices to be made. Of course, the executive must follow the rules. Follow the Works Councils Act (WOR). Ask for advice. But those who really want to have influence need to be at the table earlier. When plans are still taking shape. When alternatives are still open. When external advisors have yet to receive their assignments. Because a works council that only wants to be involved at the advice request stage is often too late to make a real difference. Renate Vink-Dijkstra and I recently commented on a case in the JIN journal that illustrated this again.

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Upcoming events

Webinar

Employment, Employee Participation & Mediation

Freelancer or employee? - Six-month review of the abolition of the enforcement moratorium

3 juli 2025 09:00, Online

Since January 1, 2025, the Tax Authority has been more actively enforcing against false self-employment. This means that checks are being carried out to ensure that people working as freelancers for a client are genuinely self-employed and not actually employees. This can also have implications under labor law.
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Webinar

Employment, Employee Participation & Mediation

Reorganisation and dismissal

4 september 2025 09:00

The world is constantly evolving, leading to the necessity for companies to adapt. This adaptation can involve growth, downsizing, selling business segments, acquisitions, or relocations. At times, reorganisation through restructuring or other means becomes unavoidable.
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Webinar

Employment, Employee Participation & Mediation

Flexwork

6 november 2025 09:00

There are many discussions about the difference between an independent worker and an employee.
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