Partner Marieke heads the Dutch (Amsterdam and Rotterdam) employment team together with Anique Bitterlich.
Marieke is praised for her employment law expertise, pleasant client approach and high responsiveness. Working at international law firms for the vast majority of her career, she is well acquainted to advise national and international clients on a wide variety of employment law. She especially focuses on European labour law, whistle blower protection across the EU, flexible employment, (cross-border) reorganisations and restructurings including (collective) dismissal proceedings, in- and outsourcing, TUPE matters, termination of high level employees including managing directors, sick employees and employment litigation. In often highly complex matters with both a pensions and employment law angle Marieke works closely together with the pensions team. She also regularly shares her knowledge for example via podcasts, publications and providing training on Dutch Employment Law for HRM advisors and legal counsels at both domestic as well as international fora.
Recent experience:
- Advising and assisting with implementing a mass redundancy (150+ employees) at the Dutch premises of a US based multinational.
- Assisting with negotiations of the mandatory pension fund in the metal industry on joining the pension fund and the conditions thereof. Assisting with implementing the change in pension scheme as well as the applicability of the Collective Labour Agreement with retrospective effect in practice including negotiations with Works Council.
- Advising large multinational financial services company with one of the core businesses being insurances on the amended Dutch regulatory ‘bonus cap’ rules as recently amended by the Dutch Further Remuneration Measures for Financial Undertakings Act in the light of their existing variable remuneration policy including assessment of compliance of the individual variable remuneration packages of their executive/board members under the Dutch Regulatory Bonus Cap rules.
- Advising a multinational construction company in the light of their intention to second Irish and UK employees to The Netherlands on the law to be applied to the employment relationship in different scenario’s and whether or not these employees have to participate in the Dutch industry wide pension fund for the construction sector.
- Annotation with respect ot ruling of the Court of Appeal The Hague 16 November 2021, JIN 2022.
- Article “Taking and lapsing of holidays; employer’s pro activity required", ArbeidsRecht February 2019
- Article “The employee that is considered to be incapacitated for work before calling in sick", ArbeidsRecht October 2018
- Annotation with respect to ruling of the Court Zeeland-West-Brabant 3 February 2016, JIN 2016/101
- Annotation with respect to ruling of the Supreme Court in Amsterdam 20 May 2014, JIN 2015/26 http://jure.nl/ECLI:NL:GHAMS:2014:1888
- Annotation with respect to ruling of the Court in Amsterdam 7 maart 2014, JIN 2014/209
http://jure.nl/ECLI:NL:RBAMS:2014:6503 - Annotation with respect to ruling European Court of Justice 6 December 2012, JAR 2013/19
- Article "Damages to be paid in the event of manifestly unfair dismissal: an update", TAP September 2012
Client recommendations:
- Associate General Counsel at a multinational company: "Marieke is a talented employment lawyer who works to understand her clients’ business and advise on the law in a practical, contextual way. She is skilled at explaining particularities of Dutch employment law and cultural influences to foreign companies. She is also effective in providing training to non-lawyer. I would highly recommend Marieke."
- Chambers 2020: "The team stands out for its experience in cross-border restructuring matters. Advises on collective redundancies and represents employers in litigation arising from individual terminations. Clients often hail from the security, retail and aviation sectors. Offers a dedicated pensions law team to assist clients with pensions advisory matters." Clients: "proactiveness and forward thinking.", "pragmatic lawyers who try to find solutions for clients,", "they are strategic partners." "Marieke Koster often assists with commercial contracts, restructuring, collective and individual dismissal cases, as well as works council negotiations. She works for clients active in the packaging, water and IT sectors."
- Chambers 2021: "Marieke Koster's remit encompasses reorganisations, TUPE matters and employment advice pertaining to sick leave. Clients underline her straightforward manner of counsel, one suggesting that "her advice is clear and practical."
- Legal 500 2023 “I worked with Marieke Koster and Anique Bitterlich on a particularly difficult employment issue and they were both simply outstanding. Always available to help even in the evening and at weekends – nothing was too much trouble. They are professional and very knowledgeable in their subject matter.”
Memberships:
- Marieke is a member of the Netherlands Employment Lawyers Association (VAAN) and the Rotterdam Employment Lawyers Association (VRAA) and regularly publishes in legal journals.
- Marieke is referred to in 2018, 2019, 2020 , 2021 and 2022 editions of Chambers.
- Marieke was ranked as “Next Generation Partner” in 2021, 2022 and 2023 editions of the Legal 500.
Admitted to the Dutch Bar since May 2004.