Employment law
- drafting and reviewing employment contracts, employers' terms and conditions, termination settlements, company car agreements, pension arrangements and agreements governing absence due to illness;
- assistance with the legal process for absence due to illness; assistance with the legal process for accusations of poor performance;
- assistance with the legal process for a breakdown in the working relationship;
- assistance with the legal process for dismissal due to financial reasons;
- advice on the composition of personnel files;
advice on applying to change working hours; - advice on preventing pension breaks due to changes in pension provider;
- conducting objection or appeal proceedings against decisions by executive bodies;
- advice and assistance regarding accusations of harassment (sexual or otherwise) and discrimination, for example on the basis of gender, age, disability or length of service;
- negotiating regarding termination of an employment contract;
- applying for a dismissal permit from the Dutch Centre for Work and Income and putting forward a defence against such an application;
- assistance and advice regarding summary dismissal;
- submitting claims for unpaid wages and putting forward a defence against such a claim;
issuing legal proceedings for manifestly unfair dismissal and putting forward a defence against the same; - assistance with dismissal of company directors and putting forward a defence to the same;
advice on legal procedures for suspicion of fraud and other crimes by an employee or director; - maintaining and challenging non-competition and non-solicitation clauses;
- recovering wage costs losses from the person responsible for the employee's incapacity to work;
- advising Works Councils;
- assistance with collective dismissals and reorganisations involving employment law issues, such as the harmonisation of working conditions;
- drafting and reviewing termination settlements;
- assistance with and conduct of court proceedings, including making a claim, formulating a defence, preparing and assisting with oral hearings before the court and conducting pleadings;
- assistance with and conduct of proceedings to rescind an employment contract;
- conducting and advising on higher appeal proceedings, including formulating grounds of appeal against court decisions;
- giving advice as a second opinion;
- intermediation and arbitration in employment disputes;
- conducting a quick assessment of the legal risks in existing employment relationships;
- conducting a due diligence investigation into the legal risks in existing employment relationships in connection with the takeover of a business;
- providing information, giving presentations and drafting articles and press releases.
Contractual breach
- conducting procedures for debt recovery, both though the courts and outside the court system;
- putting forward a defence where services or products have not been properly supplied;
- advising and conducting proceedings concerning disputes relating to the performance of other types of agreements;
- arranging an investigation to establish what assets are available for debt recovery;
- obtaining attachment orders;
- conducting court proceedings to have attachment orders lifted;
- drafting supply contracts (including international);
- drafting and reviewing general terms and conditions and depositing the same at the relevant Chamber of Commerce, as well as assisting organisations with correct and practical use of general terms and conditions;
- advice on effective administrative approaches, from issuing quotations to credit control;
- conducting proceedings in liability claims;
- conducting exequatur proceedings for the enforcement of foreign judgments in the Netherlands;
marketing law (advising on direct marketing, via mailings or internet, distance sales contracts, electronic contracts and duty to inform consumers); - drafting disclaimer, privacy policy and terms of use for websites and internet sales, conditions of entry for advertising promotions; rules governing address list rental.
Liability and insurance law
- advice, assistance and, where necessary, conducting proceedings against insurers who refuse to pay out insurance monies following injury or loss;
- advice, assistance and, where necessary, conducting proceedings against insurance intermediaries and other financial advisors or intermediaries who have made errors for which they can be held liable;
- assisting personal injury victims to recover losses they have suffered and will suffer in future;
- assisting and representing the interests of personal injury victims in their capacity as injured parties in criminal proceedings;
- recovering losses due to defects (hidden or otherwise) in real estate purchased or conducting a defence against the same;
- advising, assisting and conducting proceedings regarding rental disputes involving commercial property.
Corporate law
- drafting contracts for businesses, including:
· distribution agreements;
· takeover agreements;
· franchise agreements;
· dealership agreements;
· licence agreements;
· loan agreements;
· contracts to provide services;
· cooperation agreements;
· agency agreements;
· custody agreements
· guarantee agreements;
· deeds of pledge;
· deeds of assignment;
· sale and purchase agreements. - advice on avoiding and dealing with directors' liabilities;
- issuing proceedings and conducting defences on behalf of directors in connection with directors' liability;
- assisting with the sale and purchase of companies in insolvency situations and otherwise;
- advice on the powers that can be exercised by the parties involved in a non-natural legal person (including the exercise of shareholders' rights);
- advice on taking security, including bank guarantees, pledges and mortgages;
- insolvency applications and putting forward a defence to the same;
- advising and assisting with respect to financial difficulties experienced by companies and/or their customers and suppliers;
- advising and assisting with respect to termination and settlement of cooperation arrangements;
- drafting and reviewing cooperation agreements, for example for the various forms of partnership including general partnerships, partnerships with limited liability and - following the introduction of the new Dutch legislation in this area - public and non-public partnerships;
- drafting and reviewing shareholders agreements;
- drafting and reviewing agreements in respect of the termination of a cooperation arrangement.
Divorces
- advising, assisting and conducting divorce proceedings;
- advising, assisting and drafting divorce agreements;
- preparing alimony calculations;
- advising, assisting and conducting proceedings regarding division of property.
Other services
- advising, mediating, negotiating and conducting proceedings in relation to disputes between neighbours, for example disputes concerning boundaries, easements, rights of use and rights of way;
- advising and assisting in legal situations involving homeowners' associations, neighbourhood foundations and neighbourhood associations;
- advising and assisting victims, witnesses and suspects with regard to criminal prosecutions;
- advising and assisting with applications to the Court of Appeal to order criminal prosecution;
- assisting, advising and conducting investigations into the causes of administrative failures;
- advising, assisting and conducting proceedings regarding government liability for victims of government failure;
- initiating and coordinating lobbying of government assemblies regarding systematic social injustices identified as affecting a specific group or area.
Click here and complete our digital contact form. We will call you back as soon as possible - free and without any obligation.Or call +31 (0) 40.284.11.72 and ask free and without any obligation for lawyer Mr. Marco Swart or lawyer Mr. Martijn de Schepper.
