Ernst van Win

Ernst van Win

Mediator & Attorney at law

Employment, Employee Participation & Mediation

Ernst is recognised as an experienced consultant/mediator specialising in assisting directors and works councils of large international corporations, as well as many non-profit organisations such as orchestras, museums and provincial authorities. As a former musician himself (trumpet player), he provides advice to many in the arts. He is also a mediator to medical partnerships of professionals, based on his previous role as a dean. Ernst is regularly sought out as a business mediator and arbitrator through parties such as the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut).

Education

After completing his school education at the Stedelijk Gymnasium Leiden, Ernst studied Civil Law at Leiden University and classical trumpet with the principal teacher of trumpet at The Hague Conservatory.

Career

In 1983, Ernst became an attorney alongside the eponymous Paul de Clercq, with whom he went on to form the partnership De Clercq and Van Win Lawyers in 1987. He became a registered and certified business mediator in 1996. Ernst was one of the initiators of the Grotius Employment Law specialist course and has lectured in this, as well as in rules of conduct at the Professional Law School. He joined the Supervisory Council in The Hague in 2006, in the role of ‘Leids Deken’ (Dean of Leiden). In 2009, he was elected as ‘Haags Deken’ (Dean of The Hague) and held this supervisory and administrative position until 2012. He has been a member of the Lawyers’ Conduct Review Committee, and performs various administrative and supervisory roles in the art, museum and healthcare sectors.

Ernst’s daily practice

Ernst handles matters and disputes on behalf of directors and supervisors, and provides boardroom advice on complex organisational changes. He deals with conflicts in partnerships and in behavioural and disciplinary law, and with employment and employment participation law matters, including in the art world. Ernst provides advice relating to Codes of Conduct and ethical issues.

Selected cases

Mergers of museums and orchestras

Provided advice on the employment and employment participation law aspects of proposed mergers and their finalisation.

Arbitration relating to the performance of a pension fund’s administration agreement and on a dispute involving an international partner of one of the big four accountants with his firm.

Guiding and settling of the dismissal of a director/shareholder in a rapidly growing start-up company

Negotiation and purchase of one of the oldest Rembrandts on behalf of Museum de Lakenhal in Leiden

Providing employment law guidance for professional musicians

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The latest developments

Employment, Employee Participation & Mediation

“Healthy towards retirement”: extension of RVU levy relief for physically demanding work

13 June 2025

On 28 May 2025, Minister Van Hijum (Social Affairs and Employment) informed the House of Representatives about the implementation f the agreements from the “Healthy towards retirement” accord. This negotiated agreement between the government and representatives of employers and employees was presented on 18 October 2024 and focuses on measures to help workers reach retirement age in good health. A key element is the adjustment and extension of the relief from the final levy on early retirement schemes (RVU). This blog briefly explains what an RVU is and outlines the proposed changes.

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Employment, Employee Participation & Mediation

Remote working from abroad

6 June 2025

Hybrid working is here to stay! Working from abroad is also possible. However, this comes with several legal complexities. What should employers be aware of?

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Employment, Employee Participation & Mediation

The new pay transparency legislation – Part 1: What you need to know

5 June 2025

The Act implementing the Pay Transparency Directive for men and women is on its way. It will enter into force no later than 7 June 2026. All Dutch employers are expected to prepare for significant changes. Transparency will become mandatory, as will addressing pay disparities between men and women.

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