Mediator & Senior Associate | Attorney at law
Employment & Employee Participation & Employment, Employee Participation & Mediation
Montse Rodríguez Escudero is an experienced and motivated attorney who is always enthusiastic about helping her clients. She deals with almost all aspects of employment law, and the broad field of employment participation law, in which she specialises. She also specialises in collective labour agreement matters and transfers of undertaking.
Montse’s clients appreciate her shrewdness, commitment and solution-oriented approach. Montse is also registered as a mediator with the Netherlands Federation of Mediators (Mediatorsfederatie Nederland, MfN). Montse conducts mediations in employment relationships, for example between employees and their direct managers, between colleagues, and in cases involving employees on sick leave following a referral by an occupational physician. She also mediates in disputes involving employee participation, including collaboration issues between works councils and management, as well as between works council members. Where appropriate, she can also act as an independent facilitator. Montse conducts mediation sessions in both Dutch and English.
Montse studied law at Erasmus University Rotterdam, and successfully completed the Postgraduate Course in Employment Law. She has also completed various mediation courses.
In 1996, Montse was sworn in and began her career as an attorney with a large international law firm before joining De Clercq in 2005.
‘I assist large and medium-sized companies, HR managers, directors, managers and works councils with a variety of matters such as restructuring, reorganisation, outsourcing, transfers of undertaking and collective labour agreement issues. I also advise works councils and directors on employment participation relations in both national and international corporations. In addition to this, I deal with individual and collective dismissal processes, and sick employees. I regularly give courses and workshops in employment law and employment participation law to works councils and HR managers.
I also act as a certified MfN mediator in matters relating to collaboration within employment relationships in the broadest sense, including cases involving sick employees and referrals by occupational physicians. I also mediate in cases involving collaboration issues in employee participation, for example conflicts between works councils and their directors and/or between works council members. If desired, I also conduct mediations in English. Furthermore, I train mediators on the employment law aspects of mediation at the Centre for Conflict Management in Haarlem.'
Employment, Employee Participation & Mediation
29 September 2026
An employee calls in sick, stating that even minor exertion leaves her exhausted. Two weeks later, she takes part in an intensive HYROX competition. Her employer loses confidence in her and summarily dismisses her. The subdistrict court rules that the dismissal was justified.
Employment, Employee Participation & Mediation
28 September 2026
At the beginning of September, the Dutch government indicated that implementing the new pay transparency rules by 1 January 2027 would be feasible. That date now appears less certain. According to the Dutch House of Representatives’ current schedule, the bill is not due to be debated in plenary until the second week of 2027. Both the House of Representatives and the Senate will then still need to consider the proposal. As a result, entry into force on 1 January 2027 no longer appears likely.
Employment, Employee Participation & Mediation
7 September 2026
Your best-performing executive may also be your biggest people risk. The numbers are excellent. Targets are being met. The business is growing. But people keep leaving the executive's team. HR receives informal concerns about leadership style. Employees say they do not feel comfortable speaking up. There is no formal complaint. No investigation. No established misconduct. So when should the board become concerned?