The 7people Podcast: Your Guide to Creating Irresistible Organizations

How Work Works: Legal HR Do's and DON'Ts for employers! 👩‍⚖️ (feat. Frank Penders)


Listen Later

🧹 What's the messiest HR legal issue you've had to clean up?


Misclassified contractor? Regrettable indefinite extension? Settlement talks gone 🤯?


Chances are, some better documentation, clearer expectations, or stronger grip on the rules could've saved you some serious headaches (or avoided the problem altogether).


This episode, Paul and Flo are joined by Frank Penders: employment lawyer at OTIS Advocaten, with 15+ years experience advising both employers and employees.


Together, they'll unpack the most common legal blind spots they see in their everyday work - the pitfalls that can trip up even seasoned HR teams, especially in the complex maze of Dutch employment law.


Packed with expert insights and practical tips from both legal and strategic HR angles, you'll learn how to spot early red flags, mitigate issues before they blow up, and fix issues fast if they do.


🧠 Just a few of the topics we cover:


  • Job offer changes: What's binding, what's fixable

  • Settlements (VSOs): Building strong cases and fair offers

  • Contract renewals: Managing risk, uncertainty and regrets

  • Contractor misclassification: Common misunderstandings and workarounds


Big thanks as always to our friends at Personio, for powering the 7people podcast 💜


CHAPTERS

00:00 About today’s guest and topic


Case 1: Contractor misclassification - employee vs freelancer?

02:55 Case 1: Contractor misclassification

04:43 Grey area: Friendployee or Freelancer?

06:53 Control over work

06:43 Pay arrangements

08:40 Working hours/full time 9-5

10:08 Risks for getting it wrong

11:39 Overseas freelancers

13:38 Check (or adjust) the contract

15:08 Easier to become employees?


Case 2: Contract renewals - employee uncertainty

17:35 Case 2: Fixed vs indefinite contracts

18:07 POV: HR’s business POV

19:48 POV: Employment lawyer’s POV

20:26 Indefinite first - fix with settlement later?


Case 3: Settlement/VSOs

25:11 Case 3: Building a strong VSO case

27:50 Settlement offers: What and how much?

32:12: More ‘expensive’ cases

33:35 The road to court…


Intermezzo - true or false

35:30 Dismissal during probation

36:33 Employee legal advice during settlements

37:52 Pulling back accepted job offer


Final tips: proudly pragmatic

40:47 Be clear + transparent


...more
View all episodesView all episodes
Download on the App Store

The 7people Podcast: Your Guide to Creating Irresistible OrganizationsBy 7people