Labour law

What is labour law based on?

The Dutch Civil Code (Book 7), collective labour agreements (CAOs), company regulations and constantly evolving legislation (the Balanced Labour Market Act, the Work and Security Act, the Gatekeeper Improvement Act) form the framework. The Employee Insurance Agency (UWV), the subdistrict court and, where applicable, a dispute committee also play a role. For international matters, treaties and foreign rules come into play as well.

As an employer, you need to know not only what the law says, but also what is customary and defensible in your sector and organisation. As an employee, you want to know what rights you have and which documents you would be wise not to sign blindly.

Where does it often go wrong?

• Dismissal without the right grounds, timing, or works council/UWV step.
• Settlement agreements with unemployment-benefit clauses that later work against you.
• Illness: reintegrating too late or communicating incorrectly with the employee.
• Reorganisation without a clear social plan or consent where required.
• Non-compete clauses that are too broad and are therefore weakened or nullified.

What can you do now?

Gather the facts: contract, correspondence, sick-leave notifications, works council minutes. Record dates and who said what. Don't rush to sign or threaten; time limits for objections and defence are short.

Consider which route fits: a settlement agreement, notice of termination, dissolution, or first mediation where the relationship has broken down. For collective redundancy or a merger, also read about reorganisations.

When should you involve Sørensen?

When faced with a concrete dismissal proposal, works council advice on a reorganisation, long-term sick leave, or a dispute over a clause. Also preventively: having contracts, regulations or a reorganisation plan reviewed before you communicate.

We give you a clear timeline, review documents, and negotiate or litigate where necessary. You speak directly with the lawyer who knows your file.

Dismissal and termination

Employment can be terminated through dismissal in various ways. The transition payment, notice period and indemnification almost always come into play. We calculate amounts, draft letters and guide conversations with the employee, the works council and the UWV.

Illness and reintegration

Strict Gatekeeper Improvement Act rules apply to a sick employee. After two years of illness, dismissal is sometimes possible, but only with a watertight file. We help both employers and employees through that process.

Employee participation and reorganisation

The works council has the right to advise on or consent to major decisions. In reorganisations, the works council, social plan and individual dismissals run together. We coordinate those lines with HR and management.

Contracts and clauses

A solid employment contract and a defensible non-compete clause prevent disputes on departure. We draft, revise or challenge clauses where they are disproportionate.

Secondment, temporary work and sham constructions

Hiring in staff, secondment and freelance (zzp) assignments are strictly assessed for employership and chain liability. A contract that shows independence on paper but functions as employment in practice can still lead to wage claims and contribution liabilities. We assess contracts and actual performance before you scale up or wind down.

International employment relations

Groups with expats, cross-border secondment or English-language contracts require knowledge of applicable law and social security. Sørensen Advocaten regularly works together with HR and foreign counsel. You receive advice that fits both Dutch procedures and what is set out in the contract.

Working with HR and management

We don't just write memos: we think along about the timing of communication, the role of managers, and what you should and shouldn't put in an email. That prevents a legally sound plan from stalling in practice due to the wrong words or haste.

Recent developments that affect you

The chain rule for successive contracts, the notification obligation, pay transparency and a stricter assessment of employment relationship versus contract for services are all changing what needs to be in contracts and HR processes. Anyone who simply reuses the same templates every year misses signals from case law and legislation. We translate those developments into concrete actions: which clause to amend, which works council step to plan, and which letter not to send unchanged.

From advice to execution

Sørensen Advocaten stays involved until the signed settlement agreement, the UWV decision, or the hearing has been concluded. You don't get a generic memo you have to work out yourself, but texts and steps you can put to use right away. In urgent matters we move fast; for complex reorganisations we plan phases together with HR and management.