What we are good at
We are specialized in employment law, pension law & corporate law.
KERN Advocatuur advises and litigates for employers on all aspects of employment law.
We always strive to find a fast, practical, creative and cost-efficient solution for your employment law related matters.
A few examples of our services in this area:
- litigating before the (cantonal) courts and the UWV (Employee Insurance Agency)
- advising on (intended) lay-offs (for instance redundancy schemes, severance pay and structuring employee files)
- litigating before the Netherlands Institute for Human Rights
- the ill employee
- collective labour agreements
- reorganisations
- advising on disputes regarding non-competition clauses
- advising on transfer of undertakings (TUPE)
- drafting of and advising on employment agreements and employee handbooks
- advising on the employer’s liability
- in- and outsourcing of personnel
- privacy on the work floor
- advising on secondments and other employee hiring options
- dismissal of the statutory director
- advising on works council related matters
- advising on transfer of undertakings (TUPE)
- drafting of and advising on employment agreements and employee handbooks
- advising on the employer’s liability
- in- and outsourcing of personnel
- privacy on the work floor
- advising on secondments and other employee hiring options
- dismissal of the statutory director
- advising on works council related matters
KERN Advocatuur assists employers, employees and pension providers on all aspects of pension law. We consider it a challenge to provide clear insight in the complexities of pension laws and to solve any disputes as efficiently as possible.
Among others, we are active on the following areas of pension law:
- (amendment of) allowance arrangements
- disputes between employers and pension providers (insurers, pension funds, etc)
- disputes with a sector pension fund for instance on premium payments and exemptions
- right of consent works council and pension
- pension and mergers and acquisitions
- liability of directors in case of unpaid pension premiums
- disputes about the execution and amendment of a pension scheme
- equal treatment and pension
- liability of pension advisers
- the contractual arrangements of pension schemes with employees
- the set-off and settlement of pension entitlements in case of divorce
In the field of corporate law, KERN Advocatuur can assist you amongst others with the following matters:
- assisting and supporting mergers and acquisitions, the drafting and negotiating of the relevant M&A documentation, right from the beginning (letter of intent (LOI), memorandum of understanding (MOU) or Term Sheet) up to the vendor or buyer’s due diligence and the share purchase agreement or the asset purchase agreement.
- drafting, reviewing and negotiating of shareholders agreements, participation agreements, joint ventures and related agreements, such as management agreements, loan agreements, board of directors regulations, articles of association, administration conditions in case of depository receipts of shares, etc.
- drafting, reviewing and negotiating various commercial agreements, such as procurement agreements, agreements of sale, agency and distribution agreements, franchise agreements but also cooperation agreements such as general or limited partnership agreements.
- advising and litigating on all disputes deriving from the aforementioned or litigating on separate disputes or conflicts within a company or between a company and its customers. For instance, disputes on (i) warranties, guarantees and breach of contract, (ii) the pre-contractual phase, (iii) the legal position of minority shareholders, (iv) the functioning and performance of the (supervisory) board of directors or a specific member of that board, (v) the functioning of the general meeting of shareholders (AvA).
- All activities related to the above, such as negotiating settlements, advising on and accompanying clients to general meetings of shareholders (AvA) and litigating in summary proceedings (kort geding), before the courts in first instance and before the courts of appeal and litigating before the enterprise chamber of the court of appeal in Amsterdam (Ondernemingskamer). KERN Advocatuur can also assist with legal proceedings before arbitration tribunals and other forms of alternative dispute resolution.
