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

Booking.com and mandatory office attendance: A reasonable requirement, but also a convincing balancing of interests?

3 November 2026

Can an employer require employees to work from the office at least two days a week? The recent court ruling concerning Booking.com has sparked considerable debate. For many, the answer seems obvious: surely requiring two days of office attendance is entirely reasonable? Legally, however, the issue is more nuanced. When the works council (OR) refuses to consent to a proposed decision, the court must assess whether the employer’s interests outweigh those of the works council. And it is precisely this aspect of the ruling that raises questions. Just how convincing is the balancing of interests carried out by the subdistrict court?

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Employment, Employee Participation & Mediation

Self-Insuring for Sickness Benefits and WGA Benefits: Opportunities and Pitfalls for Employers

26 October 2026

As an employer, you can choose to bear the financial risks associated with sickness and incapacity for work of current and former employees yourself. This is known as self-insurance. This option can be financially attractive and gives you greater control over the reintegration of current and former employees. At the same time, self-insurance entails responsibilities and risks. What exactly does self-insurance for Sickness Benefits (Ziektewet) and WGA benefits involve? What are the advantages, and what pitfalls should employers be aware of? In this blog, we explain how self-insurance works and what you need to consider.

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Employment, Employee Participation & Mediation

Carelessness Does Not Constitute Grounds for a Right to Be Consulted

12 October 2026

The Enterprise Chamber of the Amsterdam Court of Appeal (the “Enterprise Chamber”) delivered its ruling on 28 April 2026 in a case brought by the Temporary Works Council (the “TOR”) of the Identification and Screening of Asylum Seekers Service (Dienst Identificatie en Screening Asielzoekers, “DISA”) (ECLI:NL:GHAMS:2026:1105). The Enterprise Chamber ruled that the TOR had no right to be consulted on the decision to treat the reorganisations at DISA and the Immigration and Naturalisation Service (IND) as separate processes, without transferring personnel between them. According to the Enterprise Chamber, the decision concerned the allocation of public-law responsibilities between government services and therefore fell within the scope of the political primacy principle set out in Article 46d of the Dutch Works Councils Act (Wet op de ondernemingsraden, or WOR). Notably, however, the Enterprise Chamber described the decision-making process as “highly careless”. This finding did not lead to a different legal conclusion.

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