Ploum, Rotterdam Law Firm is an independent full-service law firm and notary office located in the heart of Rotterdam with over 100 legal professionals, of which 75 are lawyers and civil-law notaries. Ploum is one of the top legal service providers in the Netherlands and has all the relevant legal knowledge and experience to advise organizations. We combine the quality of a large office with the involvement of a medium-sized office. We are active throughout the Netherlands and with a strong international focus. We are known for a contemporary, entrepreneurial style with a Rotterdam mentality: no-nonsense and pragmatic, focused on usable and sustainable solutions. We speak a clear language and have a flat, informal organization.
With our slogan 'Knowledge is more than legal knowledge' we indicate what matters to us: to be a real business partner for our clients. Thinking outside the legal framework, together building a good strategy and thus the future of our clients. That is what we strive for and where our added value lies.
Many organizations are faced with complex employment law issues, because of constant changes of legislation and case law, but also because of economical, technological and (more than ever) global trends. Specific legal expertise is required to face the challenges that arise from these changes and to adapt the organization to secure its future. Our lawyers from the Employment Law department will gladly assist you.
We advise on all possible individual and collective employment law matters. When necessary, we seek the help of our expert colleagues on areas such as administrative law, finance law and mergers and acquisitions. We work for both national and international clients in a variety of industries, such as the petrochemical industry, storage and transshipment, logistics, care, and financial services. We also regularly assist works councils and private clients.
Blijf op de hoogte van de laatste juridische ontwikkelingen op het gebied van arbeidsrecht en medezeggenschap.
Inschrijven
‘Excellent support in the specific circumstances of closing a business and developing a suitable social plan. Excellent support at the negotiation table and in preparation for the case.’ – Legal 500 EMEA 2023
‘Experience in similar situations, good listening skills, able to respond promptly.’ – Legal 500 EMEA 2023
‘Very good and committed lawyers.’ – Legal 500 EMEA 2023
There are different reasons for dismissal. For instance, dismissal during the probationary period, immediate dismissal for urgent causes, or dismissal because of a reorganisation, non-performance or a damaged working relationship. A good dismissal file is essential.
The terms and conditions of employment are stipulated in the employment agreement, personnel handbooks or collective labour agreements. Employers sometimes wish to change these employment conditions, either on an individual basis or collectively. Changing employment conditions is often complex. It demands solid reasoning and a good provision of information. It often pertains to secondary employment conditions for which consent of the works council is often needed. If that consent is given, it does not automatically bind the employees. In principle, separate consent must be obtained from the individual employees. In exceptional cases, it is possible to change employment conditions unilaterally.
In many branches, employees have united in unions. Unions enter into collective labour agreements with employers(‘ associations). The unions can exert pressure on employers by organizing industrial actions, like strikes. These actions could potentially lead to substantial damages and demand a quick response. At the level of the undertaking, the employees’ interests are looked after by the works council. The works council has particular rights, such as the rights of advice and of consent.
Absence because of sickness is a common occurrence. Both employee and employer have obligations regarding the reintegration of sick employees. One of the most important obligations for the employer is the continued (partial) payment of wages during the first 104 weeks of sickness. After this period, an employee is possibly entitled to sickness benefits. This might result in costs for the employer, because of an increase of premiums or in the case of own-risk bearer status. Employees who become unemployed might be entitled to unemployment benefits. Sometimes employers also have own-risk bearer status for this or the applicable collective labour agreement obliges employers to supplement the benefits.
Privacy continues to play a bigger role in our society, as well as to the employment relationship, driven by the advancement of the digital age. Employers need to carefully handle (special) personal data. Privacy aspects are also important for supervision and inspection of the employees.
Employees are often bound by post-contractual obligations, such as non-compete and non-solicitation clauses. These are obligations that arise after the employment agreement has ended. Employees might be forbidden to enter into an employment agreement with undertakings that perform similar activities to their former employer’s activities or to maintain business contacts with former clients. A penalty clause is often stipulated for the breach of these obligations. The wording of these clauses is of the utmost importance, as well as the employer’s explanation of his interests in maintaining the restrictive clauses.
Pension is an important employment condition. In principle, employers are not obligated to offer a pension arrangement to their employees. This is different when there is an applicable compulsory sectorial pension fund. Amending pension arrangements is often very complex.
Employees enjoy protection in the case of a transfer of undertakings. This is the result of European legislation which has been implemented in Dutch law. In the case of a transfer of undertakings, employees automatically transfer to the acquirer, while maintaining their employment conditions. Employees also enjoy protection against dismissal. As such, it is important to assess whether or not an intended transfer qualifies as a transfer of undertakings in the sense of the law.
The employer is responsible for the health and safety of employees in connection with the work. As such, the employer is obligated to implement a solid policy, which takes into account employment conditions and working hours and resting periods. Employers are obligated to work with an occupational health services provider or a company doctor.
The classic employment relationship is not always the norm anymore. Employers require flexibility and enter into relationships with third parties that provide the labour force, such as temping, secondment, payrolling and flexpools. The flexible workforce of undertakings also exists of on-call workers, temporary employees and independent contractors.
Platforms are commonplace in our society. Delivery, taxi, cleaning and construction services are offered by digital platforms. Both public and legal debate focus on the question if the people offering these services through a platform should have the legal status of employee.
Within the European Union (EU), the free movement of workers applies. This means that EU citizens do not need a work and/or residence permit to work in the Netherlands. However, there are strict requirements that apply to the international posting of employees. Employing non-EU citizens in the Netherlands is also possible, but generally requires a work and residence permit. If this goes wrong, the Inspectorate SZW can impose significant fines to the employer.
Employers have a duty of care towards their employees. They have to take active measures to prevent accidents and injury in performance of the work. Nonetheless, industrial accidents happen frequently. If an employer has violated his duty of care, then he might be liable for damages resulting from the accident.
It occurs that employees are treated differently in relation to the work because of for instance their religion, sexual orientation or gender. Employers are obligated to protect their employees against this unequal treatment. Employers themselves cannot, in principle, take measures that result in certain (protected) groups of employees being affected by a direct or indirect discrimination. If an employee suspects discrimination, he or she can start proceedings at the Netherlands Institute for Human Rights or the civil court.
You are an entrepreneur, and so are we. And as an entrepreneur, you want to know exactly what rights and obligations currently apply to you, and the best way for you to organise your company – either in a legal sense or otherwise. This is also the case if you intend to collaborate with another company.
Please contact us through the phone number below or send us an email.
+31 (0)10 4406440 [email protected]
Which corporate structure would be best for your company? What is the best way for you to ensure structure in your agreements with other shareholders? What are the risks that directors face? These are just a few examples in a whole range of questions you might encounter as an entrepreneur. We will be happy to assist you by providing practical and cost-effective input. As we’ve already said, we are entrepreneurs just like you and we understand that your questions concerning corporate law primarily focus on your own entrepreneurship.
At Ploum, our integrated team of lawyers and our notarial practice will be happy to advise you as a fellow entrepreneur on all the legal aspects of running your organisation. You will have one permanent contact person at Ploum, and all our departments will work together to find a solution to your problem while guaranteeing in-depth knowledge of your company – and your sector too, which is possibly even more important. Mergers and acquisitions make up a large part of our everyday practice. We can advise and assist you from the very first exploratory talks right up to the (notarial) transfer and elaboration of all types of joint ventures. If you are confronted with shareholder disputes, we will work towards a fast, practical, efficient and cost-effective solution, in close consultation with you. We will do this the easy way if we can, and the hard way if we have to.
Running a business means taking risks. However, accidents can happen so easily, and they can have a considerable financial and commercial impact too. This is why it is advisable for companies to spread their risks, firstly by making proper agreements beforehand with the other parties involved. Moreover, insurance forms an integral part of risk management for large and small companies alike. In the event of damage, you can sometimes recover your losses from another party, or such damage may be covered under your insurance. However it may be your own business risk in certain other cases.
Please contact us through the phone number below or send us an email.
+31 (0)10 4406440 [email protected]
At Ploum, our specialists can advise you on these matters. We have in-depth knowledge of insurance practice and we provide advice and assistance on all aspects of insurance: from financial supervision to developing insurance products and from contractual spreading of liability risks to settling claims. Our clients in this field include insurance companies, intermediaries, insured companies, government authorities and experts.
Our team of experienced specialists can advise you on limiting and contractual spreading of risks and liability. If, despite all our efforts, any damage sustained results in a claim, we will advise and assist you in the event of legal proceedings.
Insurance and the scope of its coverage obviously play a major role in settling claims. In this connection, we have extensive experience in assessing insurance coverage, and advising and assisting our clients if a dispute on such coverage should arise.
Supervision of insurance companies has been provided for in the Financial Supervision Act and the relevant regulations. We often answer clients’ questions on the scope and content of this Act: for example, have the parties concluded an insurance contract? Do you require a licence? Have you breached your duty of due care? What happens if you do not comply with a certain code of conduct?
The insurance world is becoming increasingly complex due to continual shifts on the market and rapid changes in the regulations. At Ploum, our specialists have a thorough understanding of all the different players on the insurance market in everyday practice: insurance companies, insured parties, intermediaries and experts. And the numerous disciplines at our practice enable us to provide the integrated services that you need in this complicated legal area. The services we provide in addition to claim settlement, insurance coverage issues and advice on supervision include the following:
Effective legal protection is essential if you wish to retain the intellectual property rights to your product or creation. This applies to your trademarks, logos and domain name as well as your models and designs. And you also want to ensure that your marketing and after-sales services are taken care of effectively.
At Ploum, our specialists can advise and assist you in protecting your intellectual property rights. For example, we can file your trademarks and designs with the official authorities worldwide and we can also investigate a trademark’s national and international availability.
Please contact us through the phone number below or send us an email.
+31 (0)10 4406440 [email protected]
If you are troubled by unfair or illegal trade practices, marketing and advertising, competition, promotional games of chance or a domain name dispute, or if you have discovered that others are trading imitations or parallel imports of your products or their packaging, Ploum will help you tackle this, e.g. by setting up a programme to combat counterfeit goods or parallel trade. Our experts include an EU trademark and design attorney as well as other specialists in trademark law, design law, copyright law, trade name law and marketing and advertising law. We will represent you in court proceedings, before the Netherlands Authority for Consumers and Markets or the Advertising Code Commission if the need should arise.
Since the challenges facing businesses do not respect national boundaries, Ploum maintains a wide and reliable network of agents, and we cooperate with other lawyers and service providers on a daily basis all over the world. We are also associated with a number of organisations such as MARQUES (the European Association of Trade Mark Owners) and the International Trademark Association (INTA). In addition, we act as lead counsel for a large number of non-European clients and are therefore their first point of contact in the EU. We help them set up projects that may involve more than 50 different countries.
Litigation is an art that requires in-depth knowledge. First and foremost: knowledge of substantive law, regardless of whether the case in question relates to corporate law, a contractual dispute, procurement law or intellectual property law. And secondly, expertise in procedural law is absolutely vital, and so is experience in the way in which courts tend to assess matters. In many cases, it all revolves around the burden of proof and the division of burden of proof. After all, being in the right is by no means the same as winning your case! And since the latter is all that matters to our clients, a thorough and extensive knowledge of the law of evidence is an absolute must for every lawyer specialising in procedural law. However, the all-important thing is to seek an amicable solution to the dispute.
Please contact us through the phone number below or send us an email.
+31 (0)10 4406440 [email protected]
At Ploum, our Litigation specialists will be pleased to help you at an early stage of a commercial dispute or a dispute within a company. And you can rely on our experience in alternative dispute resolution (ADR) as well. We will find out whether mediation or a binding third-party ruling (for example) could result in a fast and practical solution for you.
Since we keep all our files up to date on all the crucial points, this means that all the necessary information is present and correct as far as a court or arbiter is concerned, if legal proceedings are inevitable. First of all, however, we will make a precise estimate of the chances of winning the case. In this respect, we are often able to give you a realistic idea of all the costs involved too, regardless of the type of proceedings involved: proceedings on the merit, interlocutory proceedings, proceedings at the Enterprise Section or arbitration proceedings.
If, despite all our efforts, legal proceedings are inevitable, we will be pleased to act on your behalf during these proceedings, no matter whether you yourself wish to institute these proceedings or wish to conduct a defence. We will advise and assist you wherever necessary in bringing an action or levying pre-judgment attachment, so you may be sure that you can recover debts from the opposing party.
We are very well able to assess the focal point of proceedings, which means that you will not be faced with any unpleasant surprises. We have already built up an excellent reputation in this connection, partly due to our expertise in the obligation to furnish facts and the burden of proof. Our approach is decisive and pragmatic and we litigate without pulling any punches. That is what you can expect from us at Ploum!
Our lawyers and civil-law notaries are specialised in matters relating to real estate, and we can advise and assist you on the various legal aspects of this. We can advise you on any property-related project, and will be able to identify the various legal points of attention for you. Our sole aim in this respect is to find a feasible solution for your organisation – efficiently and with an eye to the costs.
