HDK in The Legal 500

HDK is proud to announce its ranking and recommendation as a leading law firm in The Legal 500 EMEA 2018, published today.

HDK has been recommended in the field of employment law:

“Consistently acting for high-profile clients on reorganisations and in litigation, ‘pragmatic, highly experienced’ employment boutique HDK Advocaten also advises domestic and international law firms on the employment aspects of cross-border M&A.” HDK’s clients instructed the team on “contentious and non-contentious matters.”

We are also proud to announce that both Juliette Huyzer and Michiel Koole have been personally recommended by The Legal 500: “The ‘very senior, proficient, service-oriented’ Juliette Huyzer leads the group; Michiel Koole is ‘very patient and level-headed’.”

HDK thanks its clients and referees for their continued support.

                

 

Ranked in Chambers Europe 2017

We are very proud that today Chambers has again ranked us as one of the leading Dutch employment law firms. It is the outcome of numerous in-depth interviews of our clients and peers and we thank them for the positive referrals and recommendations. The Chambers EMEA Guide 2017 states the following about us:

“The HDK  team is a dedicated employment boutique that is known for its highly experienced in all manner of HR matters. The firm offers a deep knowledge of employment law, including dismissals, codetermination, benefits and tax issues. It handles public and private sector mandates. The team’s strengths is the ability to be both pragmatic and committed to meeting the client’s requirements which is highlighted by referees, who say: “HDK is a very client-based firm with a good balance of independent high-quality advice to get the job done.” adding: “They were decisive on some very important decisions within a complex setting.”

HDK is also proud to announce that founding partner Juliette Huyzer is again ranked as individual leader in her field. Head of department and co-founder of HDK Juliette Huyzer is praised by clients for her “ability to translate the grey areas into black and white.” Other clients add: “She is clear and transparent with the highest level of knowledge.”

We are proud to switch our 2016 badge for the new “Ranked in Chambers Europe 2017” badge! Contact us online (www.hdkadvocaten.nl) or call us on: +31 20 3331020.

HDK in The Legal 500 and Chambers

HDK is proud to announce its ranking and recommendation as a leading law firm in the recently published edition of The Legal 500 EMEA 2016.

In addition, we are proud to announce that Juliette Huyzer is included as a “highly recommended and leading lawyer” in the 2016 Chambers Europe legal directory.

Strengths

What I really like about HDK Advocaten, why I use it, is that it has a really pragmatic approach. It gives you really solid, clear-cut advice, without a lot of ambiguity.”

“I think that its big strength is that it is very communicative. You can always reach the lawyers.”

Notable practitioners 

Juliette Huyzer has wide-ranging expertise which includes transfers and restructuring, employee benefits, collective dismissals and co-determination. Clients say “she really stands out. She’s incredibly driven, helpful and very pragmatic. I really like working with her.”

HDK thanks its clients and referees for their continued support.

Please see more at:
Legal 500
Chambers & Partners

Legal500 Chambers Europe

Significant changes in employment law in force as of today

Today (1 July 2015) some major amendments in Dutch employment law came into force: As a result of the Work and Security Act (Wet Werk en Zekerheid) the dismissal system changed drastically. Furthermore, the Act on Combating Sham Arrangements (Wet Aanpak Schijnconstructies) entered into force partially and the provisions regarding leave and working hours are modernized (Wet modernisering verlof en arbeidstijden). HDK Advocaten would be pleased to assist you in understanding these changes!

Employer makes mistake with probationary period under Work and Security Act

The first decision under the Work and Security Act (‘WWZ’) regarding the probationary period has been published. The case can be summarized as follows:

As of 1 March 2015, an employer and employee concluded an employment agreement for a definite period of six months with a probationary period of one month. During the probationary period, the employer terminated the employment agreement for business economical reasons. The employee however argued that the probationary period was null and void.

The cantonal court ruled in summary proceedings that as of 1 January 2015 no probationary period can be agreed upon in employment agreements with a fixed term of six months or less. The probationary period therefore is null and void and consequently, the employer needed to have a dismissal permit of the Employee Insurance Agency (‘UWV’) to validly terminate the employment agreement. Since the permission of the UWV is also lacking, the cantonal court ruled that the dismissal was not in accordance with Dutch law. Therefore, the employee is entitled to amongst others payment of wages. The employee’s request to re-employment was granted as well. The employer’s argument that there is no work cannot be invoked against this employee according to the judge.

According to HDK Advocaten it is impractical for employers to conclude employment agreements of exactly six months. On the one hand a probationary period is null and void and on the other hand the employer has the obligation to notify the employee in writing whether the employment agreement will be extended after the term (this applies to contracts of six months or longer).

Dismissal forms for the UWV-procedure are published

On 8 June 2015, the Employee Insurance Agency (UWV) published the forms to request a dismissal permit due to (i) business economic reasons and (ii) long-term occupational disability. These are the a-ground and b-ground as stated in article 7:669 paragraph 3 DCC which will come into force as per 1 July 2015 as a result of the Work and Security Act (WWZ). The use of these forms is mandatory according to the explanation. Click here to see the (Dutch) forms and the explanation.

The first WWZ decisions, first breach of the notice period

On May 13, 2015 two court decisions regarding the new Work and Security Act (WWZ) have been published. Both decisions involve the obligation of the employer to observe a one-month notice period, which applies as per 1 January 2015. The employer must inform the employee in writing not later than one month before the fixed term employment agreement terminates by operation of law whether the employment will be continued and, if so, under what terms and conditions. Employers who do not comply with this provision risk being held liable for up to one month’s salary.

The cantonal court divisions both ruled that, until 1 July 2015,  claims against the notice period must be submitted by means of a summons. As of 1 July 2015, the second tranche of the WWZ will become effective, due to which this procedure must be commenced by means of a request procedure, within two months after the termination of the employment contract.

In one decision the cantonal court decided that the employer did not comply with this provision and was held liable for one month’s salary since the employment contract was terminated on February 28, 2015 and the employee has not been informed in advance about the continuation or termination of the contract. In the other decision it was decided that the compensation was not owed since the employer was not required to give the employee advance notice since the employment contract terminated on 31 January 2015. In accordance with transitional law (article XXIId), the compensation is only due if the employment contract terminates on or after 1 February 2015.

 

HDK Advocaten included in the Chambers & Partners guide 2015

HDK Advocaten is proud to announce that it has been – once again – included in the Chambers & Partners guide as a leading employment law firm in the Netherlands (Band 3).

Clients’ quotes about HDK Advocaten:

“The service is outstanding, the team is positive, quick and to the point, and can balance the interest of the company with the works council and the employee.”

“What I appreciate about the team is the quality and timeliness of its advice, the pragmatic approach and that the lawyers really know our organisation.”

Clients appreciate Juliette Huyzer‘s “hands-on mentality and 100% focus on the results for the employer,” as well as her flexibility and swiftness of response. She has recently worked on matters relating to reorganisations and employee benefits.

Dennis Veldhuizen is sharp, creative and customer-focused, meets deliverables and is a very good negotiator and communicator.” Sources further note his skill in working with international clients.

Click here to go to the relevant Chambers & Partners webpage.

Clients HDK Advocaten WWZ-proof

On 31 March 2015 HDK Advocaten welcomed around 75 clients on its annual seminar. This year’s theme was ‘Spring at the Zuidas’. Juliette Huyzer and Marije Stiebner Bergman discussed the changes in employment law, which are a result of the Work & Security Act (Wet Werk en Zekerheid). In particular the radical changes in the Dutch dismissal system as per 1 July 2015 have been discussed. While enjoying a lunch in the Amsterdam’s WTC, the clients were briefed on these radical changes. As it was also HDK’s fifth anniversary, the clients were given a goodiebag to celebrate this. Should you wish to download the Dutch presentation, please click here (20150331 Presentatie HDK Cliëntenseminar 2015).

HDK Advocaten in the TheLegal500

HDK Advocaten is again ranked as a recommended employment law firm in the TheLegal500, 2015 edition.