Marieke Koster

Partner

Practice areas

• Agency workers
• Discrimination law
• Employee benefits
• Employee share schemes
• Employment law
• Employment litigation and dispute resolution
• Executive employment issues
• Health and safety
• HR Consultancy
• Labor law and trade union issues
• Outsourcing and offshoring
• Restructuring and redundancy

Practice notes

Marieke started her career as an employment lawyer in 2004. She joined Eversheds Sutherland in the Netherlands in 2012 and currently heads the Rotterdam employment law 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 (cross-border) reorganisations including works council negotiations and dismissal proceedings, 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 provides training on Dutch Employment Law for HRM advisors and legal counsels at both domestic as well as international fora.

Recent experience

• Advising international Security Services Company on co-determination structure
• Advising international Tech company on co-determination structure and assisting with establishing a joint Works Council and preparing the required documents in that respect
• Transfer finance department of company in the Metal Industry from The Netherlands to Eastern Europe with Works Council
• 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/supporting the US legal counsel of US based multinational on how to deal with sickness of a senior executive on the highest management level in the Netherlands. The interests of the business given the level of the position and the responsibilities of the relevant executive had to be weighed against the legal obligations and related (financial) risks.
• Advising and assisting national and international clients with regard to the dismissal of managing directors in the Netherlands

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."
  

Publications

• 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

and more

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 and 2021 editions of Chambers.