Dutch employment law
Dutch employment law is elaborate and relatively complex. It is divided into individual and collective law and is closely related to social security law. The following text will report the latest developments in Dutch employment law. Dutch employment law is not consolidated into a single code.
The employment relationship under Dutch law is governed by the compulsory statutory regulations laid down in (for example) the Dutch Civil Code. The relationship can furthermore be governed by (among other things) the conditions laid down in a Collective Labour Agreement (if applicable), internal regulations (if applicable) and the individual employment contract. Judicial precedent is an important part of the legal framework because many employment matters are influenced by case law.
- Employment law is not consolidated into a single code.
- Employees have a strong legal position.
- Preventive dismissal assessment.
- Relatively long period of salary payment during illness.
- New Dutch employment law as from 1 January 2020: the Balanced Labour Market Act.
Find out how other countries' Employment Laws compare to those of Netherlands
People of Palthe Oberman, Netherlands
- Association for Employment Law (VvA)
- Association for Public Service Law (Vereniging Ambtenaar & Recht)
- Kroniek Arbeidsrecht 2020
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- Kroniek 2019 – Arbeidsrechtelijke ontwikkelingen op een rij
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- Kroniek Arbeidsrecht 2018
Nadia Adnani has been with Palthe Oberman since May 2011. Nadia is concerned with all aspects of employment law and public service law. She assists Dutch and international organisations as well as employees and public servants.
She advises and conducts legal proceedings on matters such as individual and collective redundancies, reorganisations, workplace privacy, and employment contracts (competition clauses, study costs clauses, etc.).
Nadia is involved in the work of War Child and the Najib Amhali Foundation. She also provides guidance in the prestigious programme The Boardroom of the Vrije Universiteit Amsterdam. In addition, Nadia regularly writes blogs on employment law topics, provides workshops, and has collaborated on the book ‘The Influence of Dismissal.’
Nadia graduated in the fields of Private Law and International & European Law from the Vrije Universiteit in Amsterdam and has a broad legal background. Before she started practicing as a lawyer, Nadia worked for the Education Centre of the Vrije Universiteit as a coordinator in the Diversity and Study Success Department.
Publications from Netherlands
- Admitted to the Netherlands National Bar Association and the Amsterdam Bar Association.
- Memberships of Employment lawyer associations of Amsterdam (“VAAA”) and the Netherlands (“VAAN”).
- Marcus Draaisma is also member of the NVP (the Dutch equivalent of the English CIPD).
- University of Amsterdam (Master in civil law)
- University of Exeter
- University of Nijmegen, Grotius insolvency law (1996) and employment law (2005)
Marcus Draaisma had a regular column in the magazine Management Team between 2003-2009 and contributed to various P&O journals and daily papers, writing about employment law matters in the broadest sense. Furthermore he wrote a booklet about pre-employment screening (co-author).
Marcus Draaisma specialises in employment law and insolvency law. He assists both large and small organisations in trade and industry and in the non-profit sector, as well as directors and professionals in dismissal proceedings and contract negotiations. Marcus operates in a wide area, including the financial, logistics, media and advertising, and construction sectors.
Publications from Netherlands
Lydia Milders graduated in Dutch law from the University of Groningen in 2004. She studied at the University of Cergy-Pontoise near Paris for six months.
Lydia started her career as a lawyer with Rosina Eising lawyers in Amsterdam, where she gained extensive experience in corporate law, in addition to employment law. She has conducted legal proceedings on several occasions about (the interpretation of) commercial contracts.
Lydia joined Palthe Oberman’s team of lawyers in September 2010. She works for Dutch and international companies (including companies in the energy sector and the fashion industry) as well as private individuals. Lydia has extensive practical experience with individual and collective redundancies (reorganisations), employee’s participation rights, and advising on terms of employment. She is particularly interested in issues concerning sick employees, unlawful employee competition/fraud, and the seisure of evidence. Lydia also delivers in-house training courses on various employment law issues to clients.
Publications from Netherlands
Admitted to the Dutch Bar Association and the Amsterdam Bar Association.
- Post-graduate course in employment law
- University of Amsterdam: Master in civil law
- University of Maryland
Chambers & Partners 2022 for Employment: the team is “clear in its communication.”
Legal 500 in 2022 for Employment – Client testimonials:
- ‘High quality specialism in complex employment cases’
- ‘A combination of a personal approach to the client’s problem with high level specialist expertise’
- ‘Very approachable and communicative’
Christiaan Oberman regularly publishes on a variety of employment law topics, among others:
- ‘Employment Law Chronicle 2020’, Advocatenblad 2020 (overview of the most important developments in employment law in the journal of the Netherlands National Bar Association).
- “Corona Crisis and the Workplace – Update 27 March, Are employees entitled to continued payment of wages if the work cannot be performed due to the COVID-19 crisis?”
- ‘Employment Law Chronicle 2019’, Advocatenblad 2019 (overview of the most important developments in employment law in the journal of the Netherlands National Bar Association).
Apart from employment law, Christiaan Oberman also specialises in public service law. He advises both Dutch and international companies, including various listed companies and (semi-) public bodies. He is mainly involved in advising Boards of Directors and Supervisory Boards. He also assists management boards and HR departments in reorganisations. In addition, he assists statutory directors and directors.
Publications, teaching and memberships
Christiaan teaches employment law to trainee lawyers in the context of their professional training (VSO) and delivers lectures and courses in that area. He also regularly publishes articles on employment law topics. Each year, he writes the Employment Law Chronicle for the Dutch Bar Journal (Advocatenblad), with the most important decisions in the area of employment law. Besides, he is a Board member of the European Employment Lawyers Association (EELA) and a member of the Board of Discipline.
In addition, Christiaan has been involved in the work of War Child since its foundation.
Chambers and Legal 500 recommend Christiaan for consecutive years:
- “strategic, highly skilled and technical” lawyer – Chambers & Partners
- “very good negotiator.” – Legal 500
- “his ability to build relationships with key internal stakeholders.” – Chambers & Partners
- “attentive to detail and service-focused,” – Chambers & Partners 2022
Publications by Christiaan Oberman
Member of the Dutch Bar Association
Stéphanie advises, litigates and negotiates on all aspects of employment law on behalf of Dutch and international companies as well as employees and executives. Given her background, Stéphanie has increasingly specialised in corporate employment law. She advises and assists Dutch and international employers in the context of mergers and acquisitions, corporate governance issues, the legal position of managing directors, restructurings, employee participation, individual and collective dismissals, harmonisation of employment conditions and cross-border employment. Stéphanie also regularly mediates in boardroom conflicts.
Her regular client base includes scale-ups and international listed and other companies in the pharma, healthcare, technology and software sectors. Stéphanie has furthermore represented non-profit organisations for many years, including Stichting Hulphond Nederland.
Stéphanie is a guest lecturer in employment law at Leiden University. She also regularly gives courses and publishes articles on employment law topics.
Furthermore, Stephanie is passionately committed to charities and is socially involved. She is, for instance, a board member of the Friends For Life Foundation, which aims to offer education opportunities to Kenyan young adults, and also a board member of the Nieuwe Baarnsche School.
Stéphanie graduated from Leiden University in 2008, after which she worked as an employment lawyer at Baker McKenzie for many years.