Many organisations are faced with complex situations in connection with employment law due to continual changes in regulations and case law, and also due to economic and technological developments. Specific legal expertise is required in order to tackle the ensuing problems, or alternatively to adapt the organisation to the new situation.
Work and Security Act
The Work and Security Act resulted in considerable changes in the right of dismissal as from 1 July 2015. The changes relating to redundancy pay and transition allowances, temporary contracts, incapacity for work and unemployment benefit have had a tremendous impact, both financially and otherwise.
Collective labour agreement and right of participation
Collective labour agreements give employers and the works council increasing scope to conclude their own agreements. Collaboration with the works council has become more important as a result, but at the same time, it is essential to maintain good relations with the trade unions. Moreover, increased professionalisation at organisations has changed the role of the works council.
Our national legislation has to be amended at regular intervals due to internationalisation, and is increasingly based on EU regulations. For example, privacy legislation and regulations governing transfer of undertakings and collective redundancy are determined by these EU regulations.
Labour Market Fraud (Bogus Schemes) Act
The introduction of the Labour Market Fraud (Bogus Schemes) Act (WAS) has had a considerable impact on recipients. The existing recipients’ liability and liability of subcontractors (WKA) for taxes such as VAT and wage tax – and for national insurance contributions – has now been extended to include liability of subcontractors for wage payments. As a result of these changes, agreements with contractors have to be amended.
Flexibilisation of the employment market
The Work and Security Act has fuelled the desire for greater flexibility on the employment market. An increasing number of employment relationships – such as those between clients and independent self-employed workers – cannot be included under classic employment law, and this has resulted in some confusion with respect to their legal position.
Now that the shortage in the labour market for specific professions and industries continues to increase, it will become harder and harder for companies to find suitable personnel to fill their vacancies. If your company also struggles with this or expects to do so in the future, then recruiting foreign employees is one of the possibilities for your company to find suitable personnel. If you are considering to employ or put to work persons with a non-EU nationality, specific (immigration) requirements are applicable. At Ploum, we can give you insight into corporate immigration. Want to know how? Then please make sure to read our Whitepaper on this subject.
An increasing number of labour pools have been established because it is becoming more and more difficult to work with on-call contracts especially in the healthcare sector. This means that a great many healthcare organisations are facing legal issues such as the legal form and legal position of the staff to be hired in or hired out.
Ploum can provide you with legal assistance
At Ploum, our specialists in Employment and Co-determination will advise you on every imaginable aspect of individual and collective employment-law matters. Examples include collective labour agreements, appointment or dismissal of directors under the articles of association, strikes or amendments to pension schemes. Our lawyers can also help you in the event of reorganisation, restructuring, mergers, takeovers, outsourcing or insourcing. We call in our colleagues and make use of their expertise whenever necessary, e.g. in cases relating to financing and corporate takeovers. Our clients include corporate human resources management teams at national and international companies in sectors such as petrochemistry, warehousing and transhipment, logistics, healthcare, industry and financial services. We advise and assist works councils as well as entrepreneurs.
Ploum Over Arbeid (Ploum on Employment)
We are happy to share our knowledge with our clients. For example, we hold seminars and presentations in collaboration with the AON insurance brokers. So keep an eye on our website (ploumoverarbeid.nl) to make sure you are always informed of all the latest developments. And you can also put your name down for our Updates on Employment, and follow us on Twitter at @ploumNL.