Case

CASES LABOR AND EMPLOYMENT LAW

Collective Agreements
Wijn & Stael has advised four organizations - in the temporary employment, healthcare, painting and finishing sector, and the food industry - on the applicability of collective agreements for (certain departments in) their companies, the legal effect of collective agreements, and the interpretation of collective agreement provisions. We have also advised on the mandatory participation decree for the StiPP pension fund (a dedicated pension fund for the temporary staffing sector in the Netherlands), the confectionery industry pension fund and the construction industry.

Supreme Court Litigation
Our litigation attorneys have represented the Dutch Airline Pilots Association before the Supreme Court in a case regarding the scope of the prohibition on making labor available to a company where a strike, lockout, or sit-in is occurring (the prohibition of “scab labor”) (Dutch Supreme Court - July 19, 2019, ECLI:NL:HR:2019:1245 (VNV v. EasyJet)).

Temporary Staffing Contracts
Many agencies in the temporary staffing sector have to contend with the consequences of the Dutch Balanced Labor Market Act (Wet Arbeidsmarkt in Balans (WAB)). We assessed the implications of the WAB for a large temporary staffing organization and advised them on the restructuring of the group, payroll, provision of temporary staff, staff insourcing and outsourcing, and independent contractors. In addition, we amended all commercial contracts used by the staffing organization, including the general terms and conditions, insourcing and outsourcing agreements and employment contracts.

Fraud and Ethical Misconduct
The attorneys at Wijn & Stael have assisted a number of employers facing fraud, sexual harassment and ethical misconduct allegations, advising them on careful investigation, fair hearing of both parties, reporting, suspension, and promotion of ethical conduct in the workplace.

Harmonization of Employment Terms
A large corporate organization and an employee council reached out to us for advice on harmonizing their employment terms following a merger. Collective agreement issues played an important role in this process.

Insourcing and Outsourcing
We advised a large medical organization on personnel issues involved in the takeover of various clinics. One of the key questions in this case pertained to whether the takeover involved a transfer of business. We also advised a concession holder of a large department store on the consequences of terminating the concession for employees.

Co-Determination and Governance
Wijn & Stael attorneys have advised two international companies with multiple offices in the Netherlands on how to organize an effective co-determination structure. This was necessary after several takeovers had taken place. We also advised an employee council on management crisis and issued advice on changing the governance of a cultural organization. Our attorneys also provided counsel to an employee council on the transfer, integration, and dissolution of a number of group companies.

Dismissal Law
Wijn & Stael routinely handles dismissal cases for employers, directors and senior management of large Dutch and foreign companies.

Restructuring
In the wake of the COVID-19 crisis and other sectoral developments, we assisted various companies and organizations in downsizing their workforce and advised a large sector organization on the possibility of exploring new forms of partnership through a pilot. Our attorneys also advised a large educational organization on the consequences that would result under the labor and employment law if the organization were to cease its operations.

Co-Partnership
Wijn & Stael routinely advises employers, directors and senior management on the introduction of bonus and profit-sharing plans, Long-Term Incentive Plans (LTIPs), Short-Term Incentive Plans (STIPs), Stock Appreciation Rights (SARs), options and depositary receipts for shares.

Executive Pay Standards Act and Remuneration Policy
Our attorneys provided counsel to a welfare organization and an in-home care organization on the Senior Executives in the Public and Semi-Public Sector (Standards for Remuneration) Act (WNT). In a dismissal case, we also achieved - within the confines of the Act - good negotiation results for directors in the education sector and advised a director on the consequences of the remuneration policy in dismissal situations at state-owned companies.

Hiring Independent Contractors and Management Contracts
Our firm has provided counsel on the Assessment of Employment Relationships (Deregulation) Act (Wet DBA) and on issues pertaining to the qualification of engagement contracts with independent contractors. We have also drafted management contracts for both the company and the manager, in line with the model contracts published by the Dutch Tax and Customs Administration.