Introduction

The practice of industrial relations law concentrates on employment law aspects of mergers, acquisitions, reorganizations, collective dismissals, closing of companies, collective bargaining and social elections. In general, the relations with the unions, the personnel representation bodies, including the union delegation, the committee for prevention and protection at work and the works' council, at company level as well as the European Works' Council. 

Examples of representative assignments

Assignments within the framework of the industrial relations law practice include a.o. the following:

  • participation in the negotiations with the works’ council and the external union officials in view of establishing / changing work regulations

  • participation in the negotiations with external union officials in view of entering into a collective bargaining agreement at company level on the applicable employment and remuneration terms and conditions

  • drafting of collective bargaining agreements at company level

  • participation in the collective bargaining process, the conciliation and mediation process and establishment and implementation of strategies to fight strikes

  • advising on and assisting in the various steps of the social election procedure for the election of the personnel representatives at the works’ council, the committee for prevention and protection at work and, as the case may be, the union delegation

  • advising on and assisting in the establishment of a European works’ council

  • advising on and assisting in the establishment and the implementation of a strategy aiming at avoiding the establishment of a European works’ council

  • advising on the functioning of the personnel representation bodies at company level, including assistance in the information and consultation process of the works’ council

  • advising on and assistance in the functioning of the European works’ council

  • conducting social audits, mostly as part of an overall legal audit at the occasion of a potential acquisition of a company

  • dealing with the industrial relations and employment law aspects of mergers and acquisitions (buyer as well as seller side – asset deals as well as share deals); negotiation and drafting of the personnel related chapters of the purchase agreement; advising on and assistance in the establishment and the implementation of the strategy with respect to the information and consultation procedure with the personnel representation bodies and the external union officials; advising on and assistance in the bargaining process , as the case may be, in view of coordinating the various terms and conditions of employment

  • dealing with the industrial relations and employment law aspects of collective dismissals or close-down of companies; estimate of the overall severance cost; advising on and assistance in the establishment and the implementation of the strategy for implementing the restructuring measures including the strategy towards the personnel, the personnel representation bodies (the information and consultation procedure) the external union officials and the governmental authorities; drafting of all documents, as required, to be submitted to the personnel representation bodies, the governmental authorities and, as the case may be, the members of the personnel; advising on and assistance in the negotiations of the severance terms and conditions; drafting of collective bargaining agreements confirming the severance terms and conditions and the documents with respect to the individual implementation of the collective bargaining agreements