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Ernst van Win

Ernst van Win

Mediator, Attorney at law & Partner

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

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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Employment, Employee Participation & Mediation

Appealing to the return guarantee in the social plan? Not a foregone conclusion!

29 April 2025

Suppose: you part ways with your employer during a reorganization with a settlement agreement. The social plan, which applies to your settlement agreement, states that you can be re-employed within 26 weeks if a suitable vacancy arises. But what if that vacancy is filled internally? Do you still have the right to return? In a recent ruling, the court of appeal considered such a situation. The employee claimed that the employer had violated their return guarantee. The subdistrict court agreed with the employee, but the court of appeal thought otherwise. In this blog, I explain what the court of appeal ruled and why it is relevant for HR and employers. 

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