Labour & Flex
Employment law is complex and constantly changing. Legislation changes and risks shift – especially if you work with flexible employment contracts, self-employed persons or temporary workers. How can you remain compliant without losing your agility? What should you do if an employee falls ill or a labour dispute arises?
Our Labour & Flex team offers strategic advice and practical solutions. From transparent employment contracts to compliance with the collective labour agreement for employment agency workers, and the smart deployment of self-employed persons: we can ensure that you maintain control of and help you further professionalise your HR policy.
We think ahead and ensure that you not only comply with today’s rules, but are also prepared for tomorrow’s challenges. This allows you to prevent problems before they arise.
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Employment
Dismissal law
Dismissal is never a simple matter. What options do you have as an employer? What are your rights and obligations? The wrong choice can give rise to legal disputes, additional costs and damage to your reputation.
We can help you with clear explanations and strategic legal advice, so that you come fully prepared. If you’re faced with poor performance, economic reasons or the entry into a settlement agreement, we can ensure that you’re well prepared and take the right steps.
- Which form of dismissal best suits your situation?
- How can you avoid legal pitfalls?
- What are the smartest options for your company?
Summary dismissal
Summary dismissal is the most drastic measure you can take as an employer. The employment contract ends with immediate effect, without any notice period or transition payment. But beware: a single mistake can give rise to legal claims or the obligation to continue salary payments.
Summary dismissal is permitted only in urgent cases, such as fraud, theft, aggression, or refusal to work without a valid reason. Timing is crucial: you must give notice of dismissal immediately and clearly communicate the reason. The dismissal letter plays a key role in this regard.
We can guide you step by step, from the legal substantiation to the correct wording. We can ensure that you meet all the legal requirements and are in a strong position in possible legal proceedings.
Reorganisation and collective dismissal
We can guide you step by step, from the legal substantiation to the correct wording. We can ensure that you meet all the legal requirements and are in a strong position in possible legal proceedings.
If twenty or more persons are dismissed within a period of three months, the Wet melding collectief ontslag (Collective Redundancy (Notification) Act) applies.
in which case you must:
- inform trade unions and the UWV (Employee Insurance Agency) in good time;
- consider a social plan to mitigate the impact on employees; and
- comply with a wide range of statutory obligations to avoid legal problems.
We can guide you step by step: from strategic advice and communication to the drafting of a social plan. We ensure that your reorganisation is judicious and compliant.
Settlement agreement
A settlement agreement offers a fast and efficient means of parting ways with an employee in consultation. That way, a lengthy dismissal procedure can be avoided.
A clear agreement is crucial. It sets out matters such as the transition payment, the notice period, and possible consequences for unemployment benefits. A mistake may give rise to unexpected costs or problems with the employee’s benefits.
We can ensure that everything is done correctly: from drawing up a legally sound settlement agreement to providing strategic advice during the negotiations. We can help you arrive at a balanced and risk-free settlement.
Notice periods and prohibition of termination
Dismissal is never a simple matter. Both employers and employees must take the statutory notice period into account. The length of that period depends on the duration of the employment relationship and the agreements made in the employment contract or collective labour agreement.
Beware of prohibitions of termination: in some cases dismissal is not permitted, for instance in the case of:
- illness: employees are protected against dismissal during the first two years of illness;
- pregnancy and parenthood: pregnant employees and employees on parental leave enjoy extra protection; and
- works council membership: works council members also enjoy protection against dismissal.
Avoid mistakes and legal complications. We can advise about your rights and obligations so that you can handle a dismissal with due care and in a legally correct manner.
Incapacity for work
Illness affects both your business and your employee. As an employer, you must continue the salary payments for up to two years, during which the employee is entitled to statutory protection against dismissal. But what is and is not allowed?
- Wet verbetering poortwachter (Eligibility for Permanent Incapacity Benefit (Restrictions) Act): strict reintegration obligations apply during this period. Both you and your employee must actively cooperate in his or her return to work. Failure to do so may give rise to wage sanctions.
- Long-term illness and dismissal: in some cases, dismissal may be requested after two years via the UWV, but only under strict conditions.
We can help you maintain overview and control: from reintegration advice to a sound dismissal application. We can ensure that you meet your obligations and limit your risks..
Employee participation
As an employer, you must actively work towards the reintegration of a sick employee for a period of 104 weeks. But what if that employee refuses to cooperate? Refusal to work or failure to comply with agreements may not only delay reintegration, but may also lead to problems with the UWV.
Avoid wage sanctions. The UWV may obligate you to continue paying wages for a longer period if you fail to take sufficient action. In some cases, you may suspend or stop the wage payments to encourage the employee to cooperate.
We can guide you step by step: from legal advice to a strategic approach as part of the reintegration process. We can ensure that you remain within the rules and avoid undesirable risks.
Illness, labour dispute or poor performance
A labour dispute or poor performance can paralyse your business. Absenteeism costs increase, productivity drops, and legal risks accumulate. Each day counts.
We can help you take immediate action: from strategic advice and documentation to mediation and, if necessary, legal proceedings. No endless processes, but rather a clear approach that helps you move forward.
Employee participation
Employee participation is not a burden on the entrepreneur – it’s an opportunity. Cooperation between the employer and the works council builds bridges between strategy and practice. Make use of this.
Too often, a works council is seen as a hindrance, when in fact it can be a tool for increasing support, focus and sustainable decision-making. Smart collaboration strengthens your organisation from within.
Works councils may also contact us for advice and support regarding their legal powers, with regard to either the right to be consulted, the right of consent, or the right to be informed. We can ensure that the works council is in a solid position.
Employment law mediation
Unfortunately, conflicts sometimes arise when people work together. Köster Advocaten offers added value in resolving employment law disputes.
More information can be found on our special mediation page.
Flex
Temporary employment, secondment and consultancy
Flexible labour: opportunities and risks
Flexible forms of employment offer your company agility, but may also create legal pitfalls. Which rules apply to your services? Temporary employment, secondment and consultancy may appear very similar, but each is governed by its own complex laws and regulations – which are constantly changing. Incorrect application may give rise to fines, additional tax assessments or reputational damage. We can ensure that you remain compliant, always in line with your business, without harming your commercial strength.
Collective labour agreement for employment agency workers
The temporary employment and secondment sector is strictly regulated. Two collective labour agreements – those of the ABU and the NBBU – determine the rules of the game. The ABU collective labour agreement is regularly declared generally binding, which means that it applies to all temporary employment agencies.
What does this mean for you, given the strict rules on salary (user’s remuneration), employment conditions, illness, paid leave, pensions and the provisions on the succession of fixed-term employment contracts (phase system)?
We can ensure that you remain compliant and minimise risks. Clear advice and concrete solutions – without any hassle.
Mergers and acquisitions
A single mistake in an acquisition in the flexible labour sector can be costly. Incorrectly arranged employment conditions, failure to comply with obligations under a collective labour agreement, or incorrectly applied pension schemes can seriously undermine the profitability and continuity of your business.
We can help you avoid any unpleasant surprises. We can identify all the risks by conducting a thorough due diligence investigation:
- Qualification of the services
- Compliance with laws and regulations
- Spot checks on user’s and other remuneration
- Checking quality marks
- Assessment of applicable collective labour agreements and pension obligations
- Sector classification
No blind spots. No unnecessary risks. We can provide you with clear insight and strategic advice to enable you to make informed choices.
Employment contracts and customer agreements
Temporary employment and secondment agreements are governed by rules other than regular employment law. A minor mistake may have major consequences. At the same time, you want to attract and retain talent on a tight labour market. How do you ensure legally sound but attractive employment conditions?
We can help you draw up employment contracts that suit your business and ensure that you, as a principal, are fully covered and have the right documentation, such as:
- customer agreements
- order confirmations
- general terms and conditions
Migrant workers
Deploying migrant workers may solve your staff shortages, but may also give rise to significant risks. Obscure contracts, uncertified employment agencies and poor housing may lead to claims, fines and damage to your image.
We can help you with legally binding agreements and a solid approach:
- clear, compliant contracts
- certification checks
- suitable housing and employment conditions
Self-employment intermediation
Prevent false self-employment. Intermediation or the deployment of self-employed persons is a possible solution to staff shortages, but unnecessary risks should be avoided. False self-employment under tax and employment law may give rise to additional tax assessments, fines and even claims.
A contract alone does not suffice: practice is the determining factor and is bound by rules. We can arrange for a sound agreement and correct implementation. That way, self-employed persons remain truly independent and your organisation complies with all the regulations.
Agency or intermediation
Working with self-employed persons may seem like an easy solution, but make sure you arrange it properly. Are you an intermediary or a contracting party? That difference determines whether you may be liable for false self-employment and tax claims.
- Intermediation: you bring together the self-employed person and the principal. They arrange their contract and you receive your fee. Simple and clear.
- Agency: you act as the middleman. The self-employed person in fact works for the principal, but has an agreement with you. You therefore run the risk: additional tax assessments, fines and legal disputes will end up on your plate.
Might you get it wrong? Certainly. But can you afford it? Certainly not. We can provide a clear strategy and legally sound contracts so that you can do business with confidence.
False self-employmentSchijnzelfstandigheid
The Tax Administration has tightened the screws. Since 1 January 2025, false self-employment has been subject to stricter controls and the consequences are severe: in the case of a fictitious employment relationship, both intermediaries and principals risk additional tax assessments and fines.
A contract alone does not suffice. Your agreements must not only be legally sound, but must also be properly implemented in practice. Is a self-employed person being treated as an employee in practice? Then that may cost you dearly.
Since the end of the enforcement moratorium, the Tax Administration is no longer susceptible to promises. Organisations that fail to actively tackle false self-employment run a serious risk.
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