Montse Rodríguez Escudero

Montse Rodríguez Escudero

Mediator & Senior Associate | Attorney at law

Employment & Employee Participation & Employment, Employee Participation & Mediation

Montse Rodríguez Escudero is an experienced and motivated attorney who is always enthusiastic about helping her clients. She deals with almost all aspects of employment law, and the broad field of employment participation law, in which she specialises. She also specialises in collective labour agreement matters and transfers of undertaking.

Montse’s clients appreciate her shrewdness, commitment and solution-oriented approach. Montse is also registered as a mediator with the Netherlands Federation of Mediators (Mediatorsfederatie Nederland, MfN).

Education

Montse studied law at Erasmus University Rotterdam, and successfully completed the Postgraduate Course in Employment Law. She has also completed various mediation courses.

Career

In 1996, Montse was sworn in and began her career as an attorney with a large international law firm before joining De Clercq in 2005.

Montse’s daily practice

‘I assist large and medium-sized companies, directors and works councils with a variety of matters such as restructuring, reorganisation, outsourcing, transfers of undertaking and collective labour agreement issues. I also advise works councils and directors on employment participation relations in both national and international corporations. In addition to this, I deal with individual and collective dismissal processes, and sick employees. I regularly give courses and workshops in employment law and employment participation law to works councils and HR managers. I also serve as a mediator in employment law matters, and in cases between members of works councils and/or between works councils and their director. Furthermore, I train mediators on the employment law aspects of mediation at the Centre for Conflict Management in Haarlem.’

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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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