Aroon Gonesh has been an employment lawyer in the Netherlands for more than 18 years. As a specialist in Dutch employment law, he has built up considerable knowledge and experience over those years.
In the Netherlands, employment law encompasses all the rules that relate to the legal relationships that the working population has.
This includes all persons who work for a private employer or who work for the government.
That work can be done as a self-employed person, but (especially) also as an employee.
The unemployed in the Netherlands, who are looking for paid work and are available for it, are also affected by employment law.
As an employment law attorney in the Netherlands, Aroon's work includes drafting, reviewing and negotiating all kinds of Dutch employment contracts, for example:
With an employment contract, the employee undertakes to perform work (in the service of the other party), the employer, for a certain period of time in return for payment. Dutch law has other types of contracts in which someone undertakes to perform work for pay. These include, for example, contracts for work and contracts for services. These agreements are not the same as an employment contract. After all, an employment contract is subject to the requirement that the work must be performed in the service of the other party.
So, the employer must be authorized to give instructions about the labor to be performed. In other words; there is a relationship of authority between the employer and the employee.
A large part of Aroon's work as an employment lawyer involves settling disputes, and these usually involve the termination of an employment contract.
In principle, both the employer and the employee have the option to terminate an employment contract. But the other party does not have to agree to this.
If the employee wants to get rid of the employment contract, he can terminate it in certain cases, even against the will of the employer.
The possibility of terminating an employment contract is strictly regulated by law. This applies in particular to the employer's ability to terminate an employment contract against the will of an employee.
In principle, a Dutch employment contract cannot be terminated without good reason. For example, an employer must first make an effort to re-employ the employee.
If, despite these efforts, the employer does not succeed in providing the employee with another position within a reasonable period of time, the employer may validly terminate the employment contract.
The employer also needs the written consent of the employee to terminate the employment contract. If the employer does not have this consent, he must request permission from the UWV or initiate proceedings at (the cantonal division of) the district court in which dissolution of the employment contract is demanded. After the consent of the UWV or dissolution by the court, the consent of the employee to the termination of the employment contract is no longer necessary.
When terminating an employment contract, a notice period must be observed. Under Dutch employment law, the period that the employer must observe depends on the duration of the employment contract.
A laid-off employee is sometimes entitled to what is called a "transition payment."
This transition payment is a compensation for the dismissal or a contribution to make the transition to another job easier.
In principle, the employee is entitled to a transition payment
The amount of the transition compensation depends on the duration of the employment contract and the amount of the salary. For each calendar year that the employment contract lasted, the compensation consists of one third of the monthly salary. If the employment contract lasted less than a calendar year, the compensation consists of a proportional part thereof. In other words, this refers to the months that the Dutch employment contract lasted.
If the employment contract is not renewed because of the employee's behavior, the employee is not entitled to a transition payment. The employee must then have acted or omitted to act in a seriously culpable manner. Aroon, as a lawyer in employment law, can provide you with further information on this.
If there is bankruptcy (or a moratorium or a debt restructuring arrangement), no transition pay has to be paid. And if the employer's business is struggling financially, a transition payment can be paid in installments under certain conditions.
Within employment law there is a multitude of topics that concern both employee and employer. The regulations and case law on these subjects are constantly changing. Expert support and advice from a lawyer in employment law are in some cases unavoidable.
As a lawyer in employment law, Aroon is happy to assist you with its specialized knowledge and years of experience. Always pro-active, practical and solution-oriented. Aroon assists employers and employees in resolving employment conflicts. Personal attention and empathy for his clients' interests are indispensable as far as he is concerned.
As a Dutch employment law attorney, he advises on, among other things:
Are you looking for an employment lawyer in the Netherlands? For example in connection with a dismissal or other employment law issue?
Do you need legal support as an employer or employee in a Dutch employment law matter?
Then feel free to contact Aroon. You can do so by calling +31-70-3050502 or sending an e-mail to email@example.com.
Aroon will be happy to have a no-obligation introductory meeting with you, and will provide initial no-obligation telephone advice on employment law in your case if requested. In a face-to-face meeting, you can confidentially submit your legal question to Aroon. He will then be happy to discuss with you what he, as an employment lawyer, can possibly do for you.
When you are faced with a legal problem, you don't want just any lawyer. You want a good lawyer. If possible, the best lawyer for you and your case.... I strive to be that for my clients. Constantly. A good lawyer in The Hague. Advocacy is not my job ... it is my passion. The trust that clients have in me for that reason is a matter of honor for me. Their interest is always leading for me as a lawyer. That drives me.
© 2022, Gonesh Advocatuur, law firm in The Netherlands