Our Services
Proper attention to governance, company culture, employment conditions, and business focused contracting can make a substantial difference in a company’s operating results. All businesses – be it multinationals, small and medium-sized enterprises or start-ups, CEO’s, boards of directors and supervisory boards – function thanks to three interconnected wheels of the same mechanism – Process, Strategy, and People. People is the wheel that requires most of the attention on a continuous basis because regardless of the most sophisticated Process and Strategy, ultimately it is the People in an organization that can either destroy the business or let it prosper.
Our lawyers understand that to ensure the success of their businesses, clients want the best results from their investment in people. We help them to organize and manage their workforce, establish robust and good governance, foresee problematic situations, pro-actively help mitigate legal, financial, and commercial risks, defend them in inevitable conflicts, and offer solutions to new legal challenges that have been emerging in recent years.
“The firm sought to understand the business, its culture and values, where the pain points and the good parts were and then translated that into policies for the Dutch entities. They always advised from a human perspective to ensure we had a good relationship with the local employees. They did an incredible job each time we worked together.”
Global Mobility Leader, International Oil & Gas Company
We are accustomed to working with not only legal counsel and the legal department, but basically with any relevant member of our client’s team. We specialize in contentious and non-contentious (corporate) employment and related contract law. Our key areas of advice are:
We assist in the design, implementation, execution, and interim amendment of legal documentation and policies, while respecting any consultation rights with trade unions and works councils as well as observing the interests of all relevant stakeholders.
Our services include legal advice in relation to e.g. compliance and integrity issues as well as conducting internal investigations in the event of breach of policies and company codes of ethics (e.g. cases of alleged retaliation).
In the event of a policy violation or conflict we represent our clients in court proceedings including the Enterprise Chamber.
Netherlands law offers a robust protection mechanism against forced dismissal, has strict formalities for dismissing board members and directors, and operates a legal framework for contracting and enforcing non-competition and non-solicitation restrictions that is unique in comparison to other Western countries.
Corporations and their representatives are well advised to seek guidance before taking any action that can trigger litigation in general. If litigation is indeed inevitable Sagiure represents its clients in preliminary (kort geding), first instance (eerste aanleg), and appeal (hoger beroep) court proceedings as well as in administrative procedures.
Our lawyers are knowledgeable and seasoned litigators offering guidance and representation throughout court and administrative proceedings. While respecting the applicable laws we are always focused on optimizing the client’s legal position in settlement negotiations and legal proceedings, thus assisting them in making informed decisions as well as taking strategic but calculated risks if these serve the company’s objectives. Litigation is however lengthy, costly, and creates an immense burden on the client’s internal resources and teams. In close consultation with our clients we always aim to find the most pragmatic, cost-efficient and optimal outcome that makes sound business sense.
Cross-border Employment
Sagiure offers legal support in relation to the full life cycle of engaging employees and contractors, from the recruitment phase up till termination and post-contractual enforcement. By nature, global mobility matters do not only require legal expertise by also international tax and social security expertise. To assure that our clients obtain ready-to-action advice we maintain close collaborations with specialized firms to ensure efficiency and alignment in legal, tax, and social security considerations.
Support in M&A deals
We offer due diligence support in relation to employment and HR aspects in M&A transactions (due diligence, legal audits, managing labor relations and employee consultation day-one readiness support and post-merger integration), in/outsourcing, planning, and executing restructuring processes, business downsizing and mass redundancies.
We are accustomed to working in transactions that are managed by deal counsel who don’t have a presence in the Netherlands or firms without employment and governance expertise. Sagiure is regularly engaged in multi-jurisdiction transactions where we take care of the employment and governance aspects relating to the (target) operations in the Netherlands.
Restructuring
Restructuring a company’s operations is a means to reduce cost, right-size operations because of economical, technological, and organizational factors, or the consequence of a relocation, acquisition, or divestment, and if necessary in the event of a complete or partial shut-down of the business.
Netherlands law sets out a clear and strict legal framework for restructuring. Our lawyers are experienced and skilled in managing restructurings in a methodological manner. Our approach secures compliance with the applicable legal and administrative formalities, observes consultation requirements, and successful execution of the restructuring plan within the pre-agreed timeline.
We elevate Employment Law to Strategic Human Capital Management
Sagiure offers legal services in relation to the full life cycle of employment and workforce contracting from the recruitment phase, including pre-employment screening, amending contractual conditions, and terminating employment and services agreements. We also advise on the design and enforcement of restrictive covenants to protect the company’s business interests and trade secrets.
Workforce disability and Occupational Risk Prevention
Under Netherlands law sick leave and disability are covered by a set of complex rules and legislation demanding strict compliance. Our lawyers help clients navigate through sick leave and disability matters in the reintegration phase, as well as during mediation. Our expertise spans a range of health and safety issues, including administrative inspections, official protocols and certificates, accidents, occupational disability, and reintegration of sick employees. We are regularly requested to provide legal second opinions in complex disability matters.
Investing in Partnerships and Knowledge Sharing
We take pride in the fact that clients commend our responsiveness and no-nonsense attitude. Fostering mutually agreeable and beneficial collaborations is part of our DNA. We seek to grow and evolve professionally together through knowledge sharing. To this effect we respect the fact that our clients have sophisticated in-house legal and HR teams and are proud to add value through legal updates and tailor-made courses on a variety of topics within our field of expertise.
Specifically for C-levels who assume an assignment in the Netherlands, we created a two-day course on the legal landscape and the impact that Dutch work culture can have on doing business in the Netherlands.
Works Council and Employee Representation (Body)
Employee consultation is embedded in the Dutch Works Councils Acts. Failing to observe consultation requirements can trigger litigation and business plans being delayed, or in the worst case having to be made undone.
The works council is an important corporate body within any Dutch organization with 50 employees or more. The works council has specific consultation rights that need to be embedded within the company’s decision-making procedures. In our philosophy the works council serves as a sparring partner for the company’s leadership and needs to be managed properly and respectfully as any other corporate body.
The Works Councils Act also addresses employee consultation within companies with less than 50 employees through an Employee Representation Body or Personnel Meeting.
Apart from advising on compliance, we also offer guidance on maintaining collaborative relationships with the works council. In the event of disagreement between the company and its works council we assist in resolving disputes through negotiations or litigation before the Enterprise Chamber if necessary.
Labor Relations
Our lawyers engage with trade unions in the run-up to contemplated acquisitions or divestments, mass-redundancies, or negotiations on collective labor agreements. Part of our practice includes the negotiation, design, implementation and execution of social plans and voluntary leaver schemes.
Employment law spans more than employment contracts. It covers all forms of work that involve human factors in commercial activities. Be it in the form of employment, the provision of services, contracting, freelancing, joint ventures, partnerships, or other forms such as shareholders’ agreements.
Our team elevates employment (or rather human capital) law to a strategic level. We help identify the needs of the company in terms of workforce management and the best possible fit thereto in contractual and organizational form. Our advice is always led by the company’s business objectives. We do not believe that law runs a business. Instead, we are adamant that entrepreneurship and sound business sense are the drivers. Albeit that the law is a force to be reckoned with, it is also a means to be used adequately and effectively to achieve optimal operational results.
Our team has in-depth knowledge and a proven track record in providing investors and company owners with strategic advice on the design, implementation and execution of business models in the online platform gig industry from a human capital lens. Our added value and what makes our approach unique lies in the fact that we understand business models and have access to on-call experts in corporate law, tax law, and business advisory services. We can help clients select a bespoke team of experts that aligns with the business objectives and growth strategies on the short and longer term.
Fees
Fees
Team Sagiure consists of legal experts and uses the latest technology but keeps all other costs and expenses to a minimum, passing these savings to the clients. This ensures that our work has an exceptional value for money. Our fee model is transparent, and we always welcome alternative fee structures designed in a way that are fair and beneficial for both our clients and our professionals.
