a.s.r. · compared independently · advice from Finass
Business legal expenses insurance (rechtsbijstandverzekering) through ASR
As soon as you have staff, the centre of gravity of a business legal expenses policy shifts to employment law: dismissal, sickness absence and the route to the UWV (the Dutch employee insurance agency) or the sub-district court.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
We compare the offerings of several insurers
An adviser checks whether the cover suits your activities
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
For employers the employment law module is the part called on most often. Not because there is a lot of conflict, but because Dutch dismissal law is formal: a file that is not in order, a notice given too late or the wrong route chosen to the UWV or the court costs money, regardless of who is right on the merits.
A second focus is sickness absence. During illness the employer carries two years of continued pay and reintegration duties. If the file is not built up properly, the UWV can impose a pay sanction. A dispute about that is administrative law and calls for a different approach from a conflict with the employee.
So with ASR we check not only whether employment law is in the package, but also whether disputes with public bodies fall under it and how the business cover relates to your workforce. See also the De Goudse version.
The structure of the cover in three parts, with an overview per situation below.
Basic cover
The basic cover insures the essentials. We show what ASR and other insurers offer here.
Debt collection on unpaid invoices
Contract & delivery disputes
Legal advice
Disputes with suppliers
Extended cover
As well as debt collection and contracts, also employment law, disputes about your business premises and disputes with public authorities.
Employment law & staff
Business premises (rented or owned)
Public authorities & permits
Recovery of traffic damage
Complete package
The most complete cover. We compare ASR's extended versions with the market.
Free choice of lawyer in legal proceedings
Tax law & tax disputes
Administrative law
Higher allowance for external costs
What is covered
Situation
Basic module
With extension
Dispute with a client about work delivered
Yes
Yes
Collection of an unpaid invoice
Provided that
Yes
Employment dispute with an employee
No
Yes
Dispute with the landlord of your business premises
No
Yes
Tax dispute with the Belastingdienst (the Dutch tax authority)
No
Provided that
A dispute that was already running before the start date
No
No
Business legal expenses insurance has a waiting period and a threshold: a case is not taken on below a certain financial interest. Employment law, tenancy law and tax law are usually in separate modules. In legal proceedings you have a free choice of lawyer. A dispute whose cause already existed when the policy was taken out is excluded.
What we do
What we do
At Finass
Direct with a.s.r.
Comparison across several insurers
Yes
No
Advice based on your own situation
Yes
Sometimes
One point of contact for claims
Yes
Sometimes
Cancellation with your current insurer arranged
Yes
No
We determine whether a.s.r. is the best choice
Yes
No
Advice fees for you as a customer
No
No
This overview concerns our service, not the cover. What is actually covered is set out in the policy conditions and on the insurer's insurance card (verzekeringskaart); you receive both before you take out cover.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Dismissal is a matter of the file
In cases of poor performance the sub-district court looks above all at whether you offered an improvement plan and recorded it in writing. If that is missing, the contract of employment stays in place or a higher payment follows. Your lawyer can only work with what is there. So bring the insurer in at the first conversation, not at the settlement agreement stage. The standard of good employment practice in Article 7:611 of the Dutch Civil Code is assessed over the whole process.
Sickness absence and the pay sanction
If the UWV finds at its gatekeeper assessment that you did too little on reintegration, your duty to continue paying wages is extended. An objection and appeal are open against that, and that is administrative law. Not every policy covers disputes with public bodies. Some are limited to conflicts with the employee. We ask about that clause explicitly before you sign.
Free choice of lawyer in court proceedings
As soon as court or administrative proceedings are brought, you may choose your own lawyer and the insurer pays for that up to the policy maximum. Outside proceedings the in-house legal department handles the case. The maximum for external costs varies widely per insurer and is soon reached in termination proceedings. So compare that amount, not just whether the right exists.
Where the employment law module stops
Injury to an employee does not fall under legal expenses but under employer's liability, with the duty of care in Article 7:658 of the Dutch Civil Code as the test. Collective action, disputes about collective agreements and fines from regulators also fall outside the cover, as do employment conflicts that were already running before the start date. For the defence against a liability claim your liability insurance is the right place to go.
Retroactive cover (prior risk)
Retroactive cover (prior risk) Included for your staff during work.
Defence & legal costs
What does your premium depend on?
Number of employees. With an employment law module the size of the workforce is the main basis for premium and acceptance.
Type of contracts. Many temporary contracts, on-call staff and agency arrangements produce more formal moments and therefore more files.
Absence figures. High or long-term absence increases the chance of reintegration disputes and of an assessment by the UWV.
Cover for administrative law disputes. Including conflicts with public bodies such as the UWV is not standard in every policy.
Maximum for external lawyers' fees. In court proceedings this ceiling determines how much of the bill stays with the insurer.
Sector and collective agreement. A sector with a binding collective agreement has different formal obligations from a business without one.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your activities, turnover and wishes.
We compareseveral insurers, on premium as well as conditions.
You receive a proposalWith an explanation of the differences and the exclusions.
We arrange the switchIncluding cancellation, so there is no gap in cover.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
When should I bring in the legal expenses insurer in a dismissal?
At the first sign, not at the end. A termination request stands or falls with what was recorded in the months before: appraisal meetings, improvement agreements and warnings. If the lawyer is only called once the working relationship has broken down, often all that is left is negotiating the payment. Reporting early costs nothing and changes the outcome.
Does the policy cover my objection to a pay sanction from the UWV?
That depends on the module. A dispute with the UWV is administrative law and falls outside employment law cover that is limited to the employee. Some insurers include objections and appeals against public bodies in wider social security cover. We check that in advance, because these cases affect a whole year's wage costs.
May I choose my own lawyer?
As soon as court or administrative proceedings are in prospect, you may appoint a lawyer yourself and the insurer pays the costs up to the policy maximum. Outside proceedings the in-house legal department handles the file. If you choose a lawyer, that maximum is decisive; anything above it you pay yourself. So compare that amount before you take out the policy.
An employee has been injured and is holding me liable. Which policy is that?
That is employer's liability, not legal expenses. The duty of care in Article 7:658 of the Dutch Civil Code places the burden of proof largely on you: you have to show that you gave the necessary measures and instructions. The defence and any compensation run through your public and employers' liability insurance (AVB). We make sure both covers sit alongside each other without a gap.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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