Ernst van Win

Ernst van Win

Mediator & Senior Associate | Attorney at law

Employment & Employee Participation & Employment, Employee Participation & Mediation

Ernst is recognised as an experienced consultant/mediator specialising in assisting directors and works councils of large international corporations, as well as many non-profit organisations such as orchestras, museums and provincial authorities. As a former musician himself (trumpet player), he provides advice to many in the arts. He is also a mediator to medical partnerships of professionals, based on his previous role as a dean. Ernst is regularly sought out as a business mediator and arbitrator through parties such as the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut).

Education

After completing his school education at the Stedelijk Gymnasium Leiden, Ernst studied Civil Law at Leiden University and classical trumpet with the principal teacher of trumpet at The Hague Conservatory.

Career

In 1983, Ernst became an attorney alongside the eponymous Paul de Clercq, with whom he went on to form the partnership De Clercq and Van Win Lawyers in 1987. He became a registered and certified business mediator in 1996. Ernst was one of the initiators of the Grotius Employment Law specialist course and has lectured in this, as well as in rules of conduct at the Professional Law School. He joined the Supervisory Council in The Hague in 2006, in the role of ‘Leids Deken’ (Dean of Leiden). In 2009, he was elected as ‘Haags Deken’ (Dean of The Hague) and held this supervisory and administrative position until 2012. He has been a member of the Lawyers’ Conduct Review Committee, and performs various administrative and supervisory roles in the art, museum and healthcare sectors.

Ernst’s daily practice

Ernst handles matters and disputes on behalf of directors and supervisors, and provides boardroom advice on complex organisational changes. He deals with conflicts in partnerships and in behavioural and disciplinary law, and with employment and employment participation law matters, including in the art world. Ernst provides advice relating to Codes of Conduct and ethical issues.

Selected cases

Mergers of museums and orchestras

Provided advice on the employment and employment participation law aspects of proposed mergers and their finalisation.

Arbitration relating to the performance of a pension fund’s administration agreement and on a dispute involving an international partner of one of the big four accountants with his firm.

Guiding and settling of the dismissal of a director/shareholder in a rapidly growing start-up company

Negotiation and purchase of one of the oldest Rembrandts on behalf of Museum de Lakenhal in Leiden

Providing employment law guidance for professional musicians

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The latest developments

Employment, Employee Participation & Mediation

Reorganising Despite Negative Works Council Advice: How Far Does Management Discretion Extend?

24 July 2026

A management board decides to implement a reorganisation, despite the works council (OR) having issued a negative opinion. The management board nevertheless intends to proceed with the decision. How far does its discretion to organise the company extend? A recent decision by the Enterprise Chamber of the Amsterdam Court of Appeal (OK) shows that this discretion is broad, provided that the management board follows the employee participation process carefully and provides a sound justification for its decision.

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Employment, Employee Participation & Mediation

The Act Implementing the Revised EU Directive on European Works Councils: What Will Change for the European Works Councils of Multinational Companies?

13 July 2026

Multinational companies with a European Works Council (EWC) are facing significant changes. On 26 November 2025, Directive (EU) 2025/2450—the revised European Works Council Directive—was adopted. EU Member States must transpose the Directive into their national legislation by 1 January 2028. In the Netherlands, this will be achieved through the Act Implementing the Revised EU Directive on European Works Councils, which amends the Dutch European Works Councils Act (Wet op de Europese ondernemingsraden (WEOR)) and introduces a limited amendment to the Economic Offences Act (Wet op de economische delicten (WED)). Below, we outline the key changes introduced by the proposed legislation.

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Employment, Employee Participation & Mediation

The More Security for Flexible Workers Act Has Been Adopted: What Will Change for Employers?

9 July 2026

On 7 July 2026, the Dutch Senate approved the More Security for Flexible Workers Act (Wet meer zekerheid flexwerkers). The new legislation is intended to provide employees with flexible employment contracts with greater certainty regarding their work, income, and working hours. The Act addresses four key areas: on-call contracts, fixed-term employment contracts, temporary agency work phases, and the employment conditions of temporary agency workers.

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