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

Legislative proposal More security for flexible workers: what awaits us?

3 June 2025

On May 19, Minister of Social Affairs and Employment Van Hijum submitted the legislative proposal ‘More Security for Flexible Workers’ to the House of Representatives.

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Employment, Employee Participation & Mediation

Transgressive Behaviour in the Workplace: Legal and Cultural Shifts in the Netherlands

13 May 2025

In the Netherlands, the topic of “grensoverschrijdend gedrag”—transgressive or inappropriate behaviour in the workplace—has evolved from a relatively underexposed HR issue to a legal and societal priority. As an employment lawyer advising Dutch and international employers, I have seen this shift unfold in both subtle and seismic ways. What was once handled quietly within organisations is now a subject of public debate, regulatory scrutiny, and legislative reform. In this blog, I explore the recent legal developments, practical implications, and cultural challenges surrounding transgressive behaviour at work in the Netherlands—and what employers should know to act responsibly and effectively.

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Employment, Employee Participation & Mediation

Modern Employment Conditions: (4) Changing Employment Conditions

30 April 2025

The work environment has changed significantly in recent years. Technological advancements, a new generation of employees, and the desire of workers to pay more attention to work-life balance are forcing employers to review their policies and employment conditions. It is important to respond to these changes, as modern employment conditions are increasingly becoming a determining factor for talent retention, attracting new employees, productivity, and overall employee engagement. What modern employment conditions can you think of? You can read more about this in this blog series.

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Upcoming events

Webinar

Employment, Employee Participation & Mediation

Freelancer or employee? - Six-month review of the abolition of the enforcement moratorium (in Dutch)

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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