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Wools Bloemen van schaijk advocaten

Wools Bloemen van schaijk advocaten

Nijmegen, Netherlands

Founded in 2018
50 people in their team
HistoryAlthough the name Wools Bloemen van Schaijk Advocaten has only existed since November 1, 2018, the office has a long history that dates back...
Dutch
English

About Hiring & Firing Law in Nijmegen, Netherlands

The labor laws in the Netherlands, including the city of Nijmegen, are employee-friendly. The hiring process has specific regulations, such as employment contract requirements, discrimination laws, and rules for settling disputes. The termination of employment is highly regulated; employers must have substantial grounds for dismissal and commonly require approval from either the Employee Insurance Agency (UWV) or the court. These complexities are why seeking legal advice is often beneficial.

Why You May Need a Lawyer

Given the complexity of Dutch labor law, it's beneficial to employ a lawyer when dealing with hiring or firing issues. This may be particularly applicable if you plan to dismiss an employee as illegal or unfair dismissal can result in penalties. Also, if an employee claims a breach of contract or discrimination during the hiring process, the expertise of a lawyer can be indispensable. Legal guidance can also be beneficial when creating employment contracts or navigating a dispute resolution process.

Local Laws Overview

In Nijmegen, Netherlands, employment is governed by the Dutch civil code, collective labor agreements, and individual employment contracts. Employers cannot terminate contracts without an approved reason such as poor performance, frequent absence due to illness or economic reasons. Furthermore, there are strong anti-discrimination laws for both hiring and firing procedures, and the law provides significant worker protections in the event of a company's bankruptcy or change of ownership.

Frequently Asked Questions

Can an employer terminate an employment contract as they wish?

No, there are specific grounds on which an employer can terminate an employment contract. This includes economic necessity, frequent absence due to illness, and grave misbehavior by the employee. However, sufficient evidence must be available to substantiate these grounds.

Is it possible for an employee to contest a dismissal?

Yes, Dutch law provides mechanisms for employees to challenge dismissals. This generally includes requesting an assessment by the UWV or even going to court.

Are there protections against discrimination in the hiring process?

Yes, the Dutch Civil Code prohibits discrimination in hiring on the basis of many factors, including age, race, gender, nationality, sexual orientation, and more.

What terms should be defined in employment contracts?

Employment contracts should define key terms including the role, employment duration, salary, and reference to collective labor agreements if applicable, among others.

Are there special considerations for hiring non-Dutch nationals?

Yes, hiring non-EU nationals often requires a work permit. Furthermore, the employer may be obliged to prove they were unable to fill the position with an EU national.

Additional Resources

Additional resources include the Dutch Government's website which provides information on labor laws and regulations. For Nijmegen-specific information, the City Council can provide guidance. The Netherlands' Employer Advice Centre provides legal advice for employers, and the Legal Services Counter (Juridisch Loket) can provide advice to employees.

Next Steps

If you're seeking legal advice in the field of employment in Nijmegen, consider arranging a consultation with a lawyer who specializes in Dutch labor laws. You should prepare any documentation or evidence pertaining to your case for the lawyer to review, helping them understand your circumstances for accurate advice.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.