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How? Sometimes by first forming or strengthening your case behind the scenes. Other times, we step right to the fore. Courteous if possible, aggressive if necessary. Thanks to our years of experience and our excellent track record, we are never taken by surprise. Litigation is in our DNA, but it is never a goal in itself. The solution always is. We dare to make choices and only do what we are really good at. With dedication and pleasure. We are BASE.
Dispute resolution & litigation
Commercial disputes can be vital to your business. What if a customer does not pay, a supplier does not deliver, or negotiations on an important deal break down at the very last moment? These are examples of the many conflict situations that arise in commercial transactions. In such commercial disputes, we are there to provide tailor-made solutions. From our legal toolbox, we choose the instruments that suit your interests. We are a jack of all trades. Disputes on commercial contracts, takeovers, real estate transactions, agency relationships, distribution, professional liability or duties of care (i.e. of banks); we have no trouble handling them. Relying on our litigation experience, we set the course with you to reach the desired solution.
Especially in disputes within a legal entity, it is often important to force a quick solution. When shareholders are at odds with each other or the management, deadlocks lurk, blocking necessary decision-making or paralysing business operations. The legal entity and its business then ultimately pay the price. You may also find yourself in a predicament as an (individual) shareholder or director. BASE's lawyers know what to do in such cases. We regularly assist companies, shareholders, holders of depositary receipts, directors and supervisory directors in corporate disputes. We know the legal possibilities like the back of our hand. From exit proceedings to inquiry proceedings at the Enterprise Chamber. And everything in between. BASE is ready.
Being right is one thing, getting rewarded accordingly is another. A judgment awarding your claim is worth little to none if the other party cannot or will not pay in the end. With our specialist knowledge of attachment and enforcement law, we would like to help you avoid being left empty-handed despite being proven right. For example, by asking the court for permission to order a prejudgment attachment prior to proceedings, so that your counterparty does not have the opportunity to dispose of assets or remove them from your sight. It may be an unknown world for you, but it is familiar to us.
Increasingly, (commercial) contracts contain the choice of an alternative form of dispute resolution, such as arbitration or binding advice through the Netherlands Arbitration Institute or another institution. The 'ordinary' (government) court then often does not have jurisdiction to handle a dispute. Alternative procedures such as arbitration or binding advice have different rules than ordinary procedural law and therefore require specific knowledge and experience. And BASE offers just that.
Employment law & employee participation
Firing someone or getting fired: it is never fun and emotions can run high. But sometimes there is no other way. Sometimes because the company's economic circumstances demand it, seomtimes because the person in question does not perform well or behaves unacceptably. Care is key in every dismissal case. Getting advice at the right time makes a world of difference, also in terms of costs. Our employment lawyers strive to make all dismissal cases manageable and resolvable. Preferably without involving the subdistrict court or the UWV. But if necessary, our lawyers know the ins and outs of dismissal proceedings.
Sometimes dismissal is linked to a reorganisation. During a reorganisation, an employer must comply with the necessary employment law rules. Rules, for example, on a possible order of dismissal or the change in the content of certain jobs. Rules also on the involvement of participation bodies and/or the trade union in the reorganisation process and the creation of social plans. Rules that BASE's employment lawyers know all about. We guide large and small reorganisations with care.
In many cases, moreover, dismissal is not the appropriate route. Less severe (disciplinary) measures are then the obvious choice. Consider an official warning or a suspension. Withholding a promotion, being placed in a lower position or claiming a contractual fine can also be effective. BASE's lawyers assist both employers in imposing disciplinary measures and employees facing such measures.
In terms of employment law, the statutory director is one of a kind. In addition to the company-law relationship, the statutory director often has an employment contract. The employment law position of the statutory director differs from that of an 'ordinary' employee in important aspects. For example, the employment-law dismissal of a statutory director is linked to the company-law dismissal. BASE provides careful supervision of the dismissal of a statutory director, both on the company's side and on the director's side. In addition, our lawyers regularly advise and litigate on the Standards for Remuneration Act (in Dutch: WNT), which applies to many directors in the (semi)public sector (such as healthcare).
The management of a company is not just a matter for the top of the organisation.. Employees also have a right to participation and information. Depending on the size of the company, this participation is exercised through a works council, a staff representation or a staff meeting. There are many questions about employee participation within companies. Conflicts between employers and employee participation bodies also occur regularly. BASE's co-determination practice is one of the firm's pillars. Our employment lawyers know this specialist area of law inside out and speak the language of both the boardroom and staff.
Wages, holidays, working hours, dress code, a non-competition and/or non-solicitation clause, the right to options, a confidentiality obligation or a prohibition on performing other activities in addition to work. All conditions that can be regulated in the employment contract. And that can lead to conflicts. Think of a breach of a non-competition or non-solicitation clause. Drafting and assessing employment contracts is part of our lawyers' daily routine, as is advising and litigating in disputes about employment conditions. Of course, this also applies to issues concerning collective labour agreements (CAOs), secondment/dispatch, transfers of undertaking and harmonisation of terms of employment. You can always come to BASE with questions and disputes on these subjects.
When an employee is ill, both the employer and the employee have different rights and obligations. These are set out in the law. In practice, unfortunately, (long-term) illness often results in a lot of bickering and tension between employer and employee. While the illness itself is annoying enough. By advising you properly and taking the right steps together with you, BASE's lawyers will quickly bring peace and overview and steer your case towards a solution.
When an employee suffers damage in the course of his work, the employer is often liable for it. But there are also limits to that. Because these limits mainly stem from case law, they are not always clear. Seeking advice timely is worth its weight in gold here too. As an employer, are you confronted with a liability claim from an employee? Or have you, as an employee, suffered damage while working? BASE will be happy to help you.
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