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

When does a people issue become a board issue?

7 September 2026

Your best-performing executive may also be your biggest people risk. The numbers are excellent. Targets are being met. The business is growing. But people keep leaving the executive's team. HR receives informal concerns about leadership style. Employees say they do not feel comfortable speaking up. There is no formal complaint. No investigation. No established misconduct. So when should the board become concerned?

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Employment, Employee Participation & Mediation

The Cybersecurity Act has entered into force: Works Councils, play your part!

20 August 2026

Cyberattacks targeting hospitals, municipalities, critical infrastructure and other public service providers are no longer exceptional. Organisations therefore need to strengthen their resilience against digital threats. On 15 August 2026, the Cybersecurity Act (Cyberbeveiligingswet, Cbw) entered into force. With this Act, the Netherlands implements the European NIS2 Directive. The aim of the Cbw is to require organisations to take their digital resilience seriously and ensure that it is properly addressed. For management boards, this is primarily a compliance issue. However, a closer look at what these obligations mean in practice shows that the works council also has an important role to play.

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Employment, Employee Participation & Mediation

Changing a work-from-home policy? Don't forget the works council!

13 August 2026

ABN AMRO made headlines this week in the Financieele Dagblad. The bank wants employees to work from the office more frequently and is currently negotiating this with the trade unions. ABN AMRO is not alone in this – a broader trend is emerging across Dutch businesses. Since the COVID-19 pandemic, working from home has become the new normal. But the tide is turning. An increasing number of companies want employees to spend more time in the office again. Reasons cited include higher productivity, stronger connections with colleagues, greater creativity and a better work-life balance. This may sound logical. However, changing a work-from-home policy is more than simply a management decision.

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