Ernst van Win

Ernst van Win

Mediator & Senior Associate | Attorney at law

Employment & Employee Participation & 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

Additional Powers for the Works Council? And How to Properly Document Them

18 November 2025

Additional powers usually work effectively only when they are clearly and formally agreed upon in writing between the Works Council and the management. This helps prevent disputes about what is actually intended and which rights the Works Council truly holds.

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Employment, Employee Participation & Mediation

Meet the team: Ymke Stam

10 November 2025

In this section, we introduce a colleague each month from the Employment, Co-Determination & Mediation team. This month, it is Ymke Stam’s turn, Legal Officer within the Employment & Co-Determination team. Curious about her story and what drives her? Read on!

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Employment, Employee Participation & Mediation

HR in Healthcare – 3. False Self-Employment

10 November 2025

In the Netherlands, nearly 1.7 million people work in healthcare — and yet there is still a significant staff shortage. These shortages create new challenges for managers and HR professionals. In practice, we see that this sometimes leads to hiring healthcare workers who later turn out not to be well-suited for the role. In this blog series, we discuss various employment law issues that can arise, from the recruitment process to the end of the employment relationship.

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