When you enter into a contact of employment, when you work, or if you are dismissed, you encounter employment law. Employers and employees do not always know what their rights are. That leads them to make mistakes which are sometimes legally irreparable. Employment law, which is part of social law, consists of two parts: individual employment law and collective employment law. Employment law governs relationships between employers and employees who perform work in a subordinate capacity. Civil servants are covered by administrative law and not employment law.
Whatever post you hold, De Koning Advocaten advises both the employee and the employer, and within that the company lawyer, P&O consultant, management and board. We answer many questions. Because employment law is constantly changing, it is vital to have specialists in this area. Our attorneys in the employment law department constantly remain abreast of the latest developments, which mean that we can offer you sound advice. De Koning Advocaten has knowledgeable specialist employment law attorneys who can explain what your rights are in your specific situation. Our employment law attorneys deal with issues including dismissal (individual and collective), summary dismissal and dissolution procedures, termination in the event of illness, the drafting and assessment of contracts of employment, flexible contracts of employment (secondment, freelance, sole traders etc.), employee participation, collective labour agreements, employment law issues in the event of a transfer of the business (mergers, acquisitions and outsourcing), civil service law and the liability of directors.
The contract of employment can be terminated by notice given by either side, by means of a dismissal procedure through the CWi (Centre for Work and Income), through dissolution by the cantonal court and through summary dismissal, amongst others. These termination procedures all differ enormously and account must be taken of specific legislation for each form of termination. If the employer has adopted the wrong approach and the employee initiates legal action, the dismissal may be declared null and void, which would mean that as the employer you are liable for continued wage payments. You would then be confronted with high costs. Good legal advice from De Koning Advocaten is often the more economical option.