Kennedy Van der Laan’s employment practice is substantial, highly expert, and broad in scope. Our attorneys deal with the consequences of all forms of corporate transactions, including (international) mergers and acquisitions, outsourcing and business restructuring.
We handle all of the normal ongoing employment conditions and employee co-governance for our clients.
Our attorneys also consult and negotiate with works councils and trade unions and offer guidance to directors of corporations.
We are expert in the specific rights and obligations associated with government employment. Our employment law attorneys are experienced legal advisors and – if necessary – competent legal representatives in all these areas.
Our attorneys specialize in:
- Equal treatment
- Employee co-governance law
- Flexible employment relations
- Collective employment law
- Transfer of undertaking/Outsourcing
- Health care law
The Employment and Co-governance Law Group is well-reputed in the market. Our attorneys regularly publish in professional literature and give courses and trainings to clients and attorneys. They are also members of the main (international) employment law associations.
Chambers Europe 2015 – Employment – Band 2
What the team is known for Renowned employment practice advising on standalone works council issues, dismissals and non-compete agreements, while also supporting clients in transaction-related matters, such as reorganisations. Active in a wide range of sectors, notably healthcare and technology.
Strengths (Quotes mainly from clients)
“I am impressed by the lawyers – they are fresh and modern.”
“The team has a good balance of the legal and practical approach.”
Work highlights Assisted Reed Business with works council consultation, transfer of employees, dismissals and privacy matters.
Advised NS on all employment matters, including dismissals, discrimination cases, drafting of internal policies and negotiations with the works council and trade unions.
Inge De Laat “is highly experienced, to-the-point and responsive.” She focuses on employment-related privacy and healthcare law, and recently advised VLM Airlines on dismissals and works council and unions strategy.
Eva Knipschild is praised for being “really hands-on,” with “a knowledgeable attitude to complicated cases.” Clients further value her intelligence and creativity. Knipschild’s particular area of focus is mediation and the employment aspects of a flexible workforce.
Department head Chris Nekeman is valued for his pragmatism and deal-making ability. His experience with a versatile clientele is appreciated by interviewees, who say:“He doesn’t just work for employers, but employees and works councils as well. He knows all sides.”
Significant clients Liberty Global, Martinair, Microsoft, Nike, Port of Amsterdam.
Legal 500 EMEA 2015 – Mediation – Tier 1
Within Mediation , Kennedy Van der Laan is a first tier firm, Kennedy Van der Laan is particularly active in mediation in employment-related disputes, although real estate and shareholders’ disputes also feature. Eva Knipschild is a registered mediator.
Legal 500 EMEA 2015 – Employment – Tier 3
Within Employment, Kennedy Van der Laan is a third tier firm, Kennedy Van der Laan’s expertise takes in discrimination, dismissals, employee transfer and reorganisations. Chris Nekeman heads the team, which includes recommended partners Inge de Laat* and Eva Knipschild and associate Marjolein Westerbeek.
Chambers Europe 2014 – Employment – Band 2
What the team is known for Highly regarded team with an excellent reputation for all aspects of employment law, receiving particular praise for its handling of employee co-governance matters involving works councils. Further areas of focus include dismissals, discrimination, data protection and employment issues affecting the flexible workforce. Acknowledged for its pragmatic and efficient approach.
Strengths (Quotes mainly from clients) “The lawyers are able to form an opinion quickly, and when they have done so don’t wrap it up in caveats and disclaimers. I like that they have a definite standpoint and stick to it.”
“The character of the firm is a unique selling point for us. It is a socially progressive firm, which works well for corporate clients, as well as counterparties such as unions and works councils. We find that this reputation really helps us in negotiations.”
Work highlights Advised VLM Airlines’ shareholder Cityjet on discussions with the works council concerning termination of part of its activities in the Netherlands.
Advised long-standing client Netherlands Railways (NS) on numerous employment matters, including negotiations with trade unions and works councils, and dismissal procedures.
Notable practitioners Inge De Laat* focuses on the privacy-related aspects of employment law. Clients value her pragmatic attitude and clear and concise advice, with one stating: “She proactively offers advice on what we should or shouldn’t be doing. She does not sit on the fence, but gives you a definite position and direction.”
Clients recommend Chris Nekeman for his expertise on employee participation and collective labour agreements, where he is considered “really strong.” Clients appreciate his excellent communication skills and efficient approach.
Sources say Eva Knipschild “is very good at thinking on her feet,” adding: “She is also very sincere.” Clients enjoy working with her, enthusing: “She is approachable and pragmatic, and understands us through and through.”
Significant clients UWV, Nike, Reed Elsevier, Microsoft, TomTom.
Legal 500 EMEA 2014 – Employment – Tier 3
Kennedy Van der Laan handles a broad range of employment matters and recently advised Cityjet in relation to VLM Airline’s termination of certain activities in the Netherlands. Chris Nekeman advises on employee issues, Inge De Laat* focuses on privacy matters and Eva Knipschild handles mediation work.
*Inge de Laat is longer working for Kennedy Van der Laan.
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The Legal 500 has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...16 april 2015
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On 29 November 2013 the Dutch Minister of Social Affairs Asscher sent the bill ‘Work and Security Act’ (Wet Werk en Zekerheid) to the Lower House...29 january 2014
Demotion may seem an attractive solution for poorly performing employees. On 1 October 2013 the Court of Appeal in Den Bosch ruled on the...28 october 2013
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Section 25 of the Dutch Works Councils Act (Wet op de Ondernemingsraden (‘WOR’)) stipulates in which cases an employer must request the Works...02 september 2013
Transfer of Undertaking: Acquirer Under Circumstances Not Bound by Provisions in Collective Agreements Determined After Date of Transfer
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Court of The Hague 26 June 2013, C/09/433443/HA ZA 12-1463 The facts A payroll company was responsible for the secondment and payrolling of...23 july 2013
Employers have to pay on-call workers who are called to work several times on one day a minimum of three hours per call. This may result in double...02 july 2013
Section 7:670 of the Dutch Civil Code ('DCC') provides that an employer may not give notice of termination of an employment agreement with an...24 june 2013
Employee Representative Body An employer that operates an enterprise employing 10 to 50 employees is obliged to establish an employee representative...30 may 2013
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After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...13 may 2013
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Court of Groningen 11 June 2012, LJN BY2140 The Facts An employee worked as an intermediary at Flexjob. On 17 April 2012, after a dispute with her...11 january 2013
Sickness Absence Limitation Act and Incapacity for Work of Safety-Netters Underlying Idea of the Legislator A reliance on sickness benefits is...17 december 2012
Subdistrict Court of Amsterdam 29 June 2012, LJN: BX1486 Employees do not always take all their vacation days and therefore, when they leave the...29 october 2012
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Court of Appeal of Arnhem 31 July 2012, LJN: BX4601 One of the starting points of an employment contract is that work is performed in the...25 september 2012
Court of Appeal of Leeuwarden, 27 March 2012 (LJN: BW0021) Summary dismissal is an exceptional form of giving notice, in which the employment is...25 september 2012
Supreme Court, 13 July 2012, (LJN: BW3367) Non-discrimination The principle of non-discrimination on the basis of age is a general principle of...21 august 2012
Court of Appeal of ’s-Hertogenbosch 18 July 2012, case no. HV 200.103.257 The Facts The Works Council of Mercedes Benz and Mercedes Benz had a...21 august 2012
Subdistrict Court of Haarlem, 30 May 2012, JAR 2012/198 Position of the Employer The employer took the position, despite the absence of a provision...21 august 2012
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Supreme Court, 22 June 2012 (LJN: BW5695) The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945...24 july 2012
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Court of Appeal of Den Bosch, 4 March 2012, LJN: BW1040 Statutory Rules for Notice Period Pursuant to Section 7:672 of the Dutch Civil Code...27 june 2012
Subdistrict Court of The Hague 6 February 2012, LJN: BV7318, BV7201, BV7212 Background In the Schultz-Hoff judgment of 20 January 2009, the...29 may 2012
Judgment of the Supreme Court, 23 March 2012, LJN BV0616 Summary The contractor runs a sole proprietorship in which he manufactures and repairs,...26 april 2012
Subdistrict Court of Utrecht, 3 January 2012 (LJN: BU9919) Nowadays, in the event of a reorganization an employer usually drafts a social plan,...26 april 2012
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Changes to Requirements for Attachment in Attachment Syllabus 2011 Last summer, in June 2011, the conditions set on applications for attachment have...28 march 2012
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Court of Appeal of Amsterdam (Enterprise Section), 10 November 2011, JAR 2012/8 Request for Advice The employer is a foundation that offers child...28 march 2012
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Civil Servant's Appointment Also Counts in Provisions on Succession of Fixed-Term Employment Contracts
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Court of Appeal of Leeuwarden, 26 April 2011, LJN BQ4843 Provision of Information to Employees in a Transfer of Undertaking Pursuant to the...30 june 2011
Discussion of the bill to amend the Collective Redundancy Notification Act in connection with the extension of the scope and to promote compliance...27 may 2011
Do Provisions of a Former CAO Have an Effect on the Employees Involved When Another Minimum CAO Has Become Applicable?
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Trade Union and Works Council No Interested Parties within the Meaning of Section 36(2) WOR in Claim to Cease Consultations with 'Former' Works Council
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Clece, a company that supplies cleaning services, cleaned the schools and premises belonging to the council on the instruction of the Ayuntamiento de...28 march 2011
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A discussion of the judgment of the Court of ’s-Hertogenbosch, Subdistrict Section, of 6 May 2010 Summary of the Judgment On 5 January 2009 an...03 december 2010
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European Court of Justice 29 July 2010, JAR 2010/217 Transfer of Undertaking and the Works Council In the event of a transfer of undertaking there...03 december 2010
A discussion of the judgments of the Court of Appeal of Amsterdam, with subsidiary place of session in Arnhem, of 28 September 2010, LJN: BN8425;...28 october 2010
Subdistrict Court of Dordrecht (AR_2010_0729) Terminating an employment contract during illness on the basis of inadequate performance is usually...28 october 2010
Court of Appeal of Amsterdam, 15 June 2010, JAR 2010/179 A tram conductor of the Amsterdam Public Transport Company GVB was wearing a gold-colored...30 september 2010
The Accrual of Holidays of Employees Who Are on Long-Term Sick Leave Pursuant to Section 7:635 (4) of the Dutch Civil Code ("BW") an employee who...30 september 2010
Court of Appeal of Amsterdam (Enterprise Section), 12 July 2010 The Ministry of Public Housing, Spatial Planning and the Environment ("the...30 september 2010
A discussion of the judgment of the Court of Appeal of Arnhem of 1 June 2010 The Facts in the Judgment An employee has been employed by an employer...30 august 2010
A discussion of the judgment of the Court of Appeal of Amsterdam, 9 March 2010 LJN: BN1325 Right to Consent of Works Council Regarding Appointment...30 august 2010
A discussion of the judgment of the Subdistrict Court of Utrecht (in preliminary relief proceedings), 15 February 2010, JAR 2010/63 The Facts An...16 july 2010
Court of Amsterdam (administrative law section), 26 March 2010, JAR 2010/159 Tobacco Act Since 1 January 2004 every employee is entitled to a...16 july 2010
Court of Appeal of Leeuwarden, 13 April 2010, LJN BM8411 Legal Framework Article 4:5 of the Dismissals Decree provides that if the UWV Werkbedrijf...16 july 2010
On 1 January 2011 a new tax regime will enter into force with regard to the payments and provisions employers can make to their employees. This new...25 june 2010
Court of Appeal of Arnhem, 27 April 2010, LJN: BM2034 Bonus and Forbidden Discrimination Section 7:646 of the Dutch Civil Code ("BW") provides that...25 june 2010
Court of Amsterdam (Subdistrict section, Court in preliminary relief proceedings), 1 March 2010, JAR 2010/94 In Section 12 of the Works Councils...25 june 2010
A discussion of the judgment of the Court of Appeal of The Hague dated 23 March 2010, LJN BM0767 No Right to Consent According to the Subdistrict...28 may 2010
A discussion of the judgment of the Dutch Supreme Court 08/04609, LJN BL 4086 The Facts In the period from 13 April 2007 up to 11 June 2007 an...28 may 2010
A discussion of the judgment of the Subdistrict Court of Amsterdam, JAR 2009/275 Dismissal Because of Transfer of Undertaking If there is a...28 may 2010
STECR Werkwijzer Labor Conflicts The Werkwijzer Labor Conflicts ('Werkwijzer') is a product of the foundation Stichting STECR, Expertise Center...29 april 2010
A discussion of the judgment of the Court of The Hague, 27 January 2010, JAR 2010/86 Compensation of Costs of the Works Council In order to ensure...29 april 2010
A discussion of the judgment of the Court of Appeal of Arnhem, 13 October 2009, LJN: BL6920 The Facts The employee joined the employer as of 20...29 april 2010
Enterprise Section of the Court of Appeal of Amsterdam, 10 December 2009, JAR 2010/36 Right of Appeal of the Works Council The right of appeal as...29 march 2010
A discussion of the judgment of the Dutch Supreme Court of 11 December 2009 (JAR 2010, 17) Application for Rescission During Notice Period In...29 march 2010
A discussion of the judgment of the Supreme Court dated 12 February 2010, LJN: BK3570 Consent to a Change of Employment Conditions The question at...29 march 2010
During the past period the Cabinet has considered employee co-governance and how this has to be given shape in the Works Councils Act (Wet op de...26 february 2010
A discussion of the judgment of the Dutch Supreme Court of 22 December 2009, NJ 2010/16; JAR 2010/20 The Facts S. was appointed director of HGIH...26 february 2010
Is a Severance Arrangement a Remuneration Arrangement within the Meaning of Section 27 of the Works Councils Act?
Pursuant to Section 27(1) under c or e of the Works Councils Act (Wet op de ondernemingsraden, "WOR"), the employer requires the consent of the Works...26 february 2010
A discussion of the judgment of the Merger Code Adjudication Committee, 22 October 2009 The SER Merger Code 2000 The SER Merger Code 2000 ("SMC...26 january 2010
A discussion of the judgment of the Dutch Supreme Court of 27 November 2009, LJ BJ6596 Determining Compensation in Cases of Manifestly Unreasonable...26 january 2010
Judgment of the European Court of Justice ("the ECJ") In January 2009 the European Court of Justice determined that Dutch legislation concerning the...26 january 2010
A discussion of the judgment of the Subdistrict Court of Rotterdam, 28 July 2009 (JAR 2009/210) Works Council's right to consent Pursuant to...01 december 2009
Recently the Dutch Supreme Court rendered a judgment addressing the scope of the obligation to provide employees with information in the event of a...01 october 2009
By filing a 403 declaration, a parent company assumes joint and several liability for the debts of its subsidiary(ies).
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A discussion of the judgment of the Subdistrict Court of Eindhoven dated 10 July 2008, LJN BD 6908 Stipulated Work An employee is entitled to...26 march 2009
A discussion of the judgment of the Court of Appeal of Leeuwarden dated 20 January 2009, case number 200.008.981/01. Set-Off Pursuant to Section...26 march 2009
A discussion of the judgment of the Subdistrict Court of Amsterdam dated 10 June 2008, JAR 2008/227 Fictitious Notice Period The employee whose...30 january 2009
A discussion of the judgment of the Subdistrict Court of Amsterdam dated 10 June 2008, JAR 2008/227 Fictitious Notice Period The employee whose...30 january 2009
A discussion of Supreme Court 12 December 2008, LJN: BD3129 Employer's Liability for Traffic Accidents Pursuant to Dutch Law Pursuant to Section...30 january 2009
Permanent Secondment in a Group of Companies and Transfer of Undertaking Is an employee who is employed by a staff entity and seconded to an...19 december 2008
It regularly happens that directors perform their work for a company under a management agreement by placing their B.V. (Dutch private company) in...20 march 2008
If temps cause damage to the recipient by a faulty performance of their work, the question arises whether the temp agency is responsible for such...24 october 2007
Judgment of the Supreme Court of 10 August 2007 (LJN: AZ4768) The accessibility of the legal system to employees has been at the center of...24 september 2007
In the past year the Policy Rules used by the CWI for the assessment of dismissal permits have been adapted, which is important with regard to...01 june 2007
Judgment of the Supreme Court Recently, the Dutch Supreme Court has ruled in the Boekenvoordeel/Isik case that the new employer who takes over the...01 may 2007
We are pleased to introduce you to our KVdL Interactive session: Employment law essentials in the Netherlands on 19 June 2014. During this...19 june 2014