Many employers fall within the scope of a collective labour agreement (CAO) and/or a mandatory industry pension scheme. Determining whether these apply can be complex, as the scope provisions are often highly technical and not always straightforward. In some cases, a business may unexpectedly fall under a different collective agreement or pension scheme than anticipated.

Our Employment Law team helps employers determine whether a collective agreement and/or mandatory industry pension scheme applies to their organisation. We analyse your business activities and assess them against the applicable scope provisions across relevant sectors.

Regular scope reviews are particularly important when your organisation changes or expands its activities. Incorrect application can result in significant retrospective liabilities. Where a collective agreement or pension scheme applies, we also advise on its correct interpretation and implementation. Working closely with our pension specialists, we provide practical, commercially focused guidance tailored to your organisation.

Whether you are acquiring or selling a business, it is essential that your interests are fully protected throughout the transaction. Employment matters often represent a significant part of a company's value, making it crucial to understand any existing or potential risks before the deal is completed. For example, is the correct collective labour agreement being applied? Does a mandatory industry pension scheme apply?

An employment due diligence review helps identify these risks before completion, enabling you to make informed decisions about the value of the business and the terms of the transaction. It reduces the likelihood of unexpected liabilities after the acquisition or sale.

Our Employment Law team specialises in both buy-side and vendor due diligence. We assess employment law, social security, pensions and employee benefits, providing a clear overview of potential risks. Our findings are presented in a comprehensive report, including practical recommendations and a quantified assessment of key risks. This gives you a clear understanding of any issues and how they can be managed or mitigated to support a successful transaction.

Where required, employment due diligence can be carried out as part of a multidisciplinary Crowe team, combining expertise in employment law with finance, tax and IT to provide a complete view of the business.

A reorganisation, acquisition, merger or demerger may constitute a business transfer. The law provides that, in the event of a business transfer, all employees involved automatically transfer from the transferor to the transferee while retaining all of their existing terms and conditions of employment. Neither the transferor nor the transferee can therefore choose which employees transfer and which do not.

In practice, it is not always clear whether a situation qualifies as a business transfer within the meaning of the law. This depends heavily on the specific circumstances. Will the business continue to operate? Will the identity of the business be preserved? Are all activities being transferred or only part of them? Are only employees transferring, or are assets also being transferred?

If a business transfer goes unnoticed, the consequences can be significant. This makes it all the more important to obtain expert advice on this complex area of law. Our Employment Law team can assess whether your situation constitutes a business transfer. Even if we conclude that it does not, we can still advise you on the key employment law considerations involved in transferring employees.

Following one or more acquisitions, it is possible that not all employees are employed under the same terms and conditions of employment. This may be undesirable for a number of reasons, including inefficiencies in HR and personnel administration. Before determining the desired policy for new or revised employment terms, it is important to establish whether, and if so, which employment terms can be harmonised.

Once this has been assessed, the different options for harmonising employment terms can be considered, together with the advantages and disadvantages of each approach and the best way to record the agreed arrangements in writing. Our Employment Law team can advise employers throughout the entire harmonisation process.

What can you do as an employer if you have a dispute with an employee? Employment disputes can arise for many different reasons and may affect the working atmosphere within your organisation. It is therefore important to understand how a dispute can be resolved and which measures you may be able to take in a particular situation.

The same applies where there is not yet a formal dispute, but an employee is underperforming, regularly arrives late, fails to comply with workplace policies or procedures, or displays other problematic behaviour. If appropriate action is not taken, or is taken incorrectly, these situations can escalate.

Our Employment Law team is happy to advise you on your position as an employer in these situations and work with you to find a practical and appropriate solution.

There may be various reasons why, as an employer, you decide to end an employee's employment. Before taking any action, however, it is important to assess whether dismissal is legally possible and which procedure should be followed.

Dismissal involves many important legal considerations, whether it concerns summary dismissal or notice of termination. These include the applicable grounds for dismissal, statutory restrictions on dismissal, notice periods, selection criteria in redundancy situations, redeployment obligations, and, where applicable, the role of the works council.

Collective redundancies involve additional legal requirements. Similarly, where employment is terminated by mutual agreement through a settlement agreement, there are a number of important issues to consider. Our Employment Law team can advise and support you throughout both individual and collective dismissal processes. Where termination by mutual agreement is appropriate, we can also assist with drafting the settlement agreement and conducting any related negotiations.

Employee participation is governed in the Netherlands by the Works Councils Act (WOR). Employee representative bodies—such as a staff representation, staff meeting or works council—represent the interests of employees within an organisation and consult with management on business and employment-related matters. A works council also influences business operations and HR policy through its statutory rights to consultation and consent.

Key questions include: when is an employee representative body required? How is it established? What rights and responsibilities does it have? When is consultation with the works council required, and when is its consent necessary? What should employers take into account, and what are the consequences of overlooking these obligations?

Our Employment Law team is happy to assist with establishing employee representative bodies, supporting consultation and consent procedures with the works council, and advising on all other matters relating to employee participation.