“Our profession is resistance. Our goal is to break through the resistance in your case.”
– Guido Zwaanswijk
Guido Zwaanswijk
Mr. Guido Zwaanswijk is a lawyer and entrepreneur with a specialized employment law practice, assisting both employers and employees in complex employment law matters. He combines in-depth legal knowledge with a practical and realistic approach, always placing his client’s interests at the center.
Within employment law, Mr. Zwaanswijk advises and litigates on matters including dismissal issues, employment conditions, settlement agreements, non-compete and non-solicitation clauses, and the termination of employment contracts. He guides negotiations and proceedings involving significant financial and personal interests.
A significant part of his practice involves long-term sickness absence and reintegration. Mr. Zwaanswijk assists employers with absenteeism management, reintegration obligations, file building, and the prevention of wage sanctions. Simultaneously, he advises employees during long-term incapacity for work regarding their rights and obligations during a stalled reintegration process.
Furthermore, Mr. Zwaanswijk has extensive experience in drafting and reviewing settlement agreements. He drafts settlement agreements for employers and advises employees on the content and conditions of a proposed settlement agreement (VSO). This includes looking at severance pay, garden leave, non-compete and non-solicitation clauses, final discharge, and the consequences for unemployment benefit (WW) eligibility.
Mr. Zwaanswijk also advises employers on the dynamic subject of false self-employment, the DBA Act, the VBAR, and the Self-Employment Act. In doing so, he seeks to provide clarity for entrepreneurs using practical examples drawn from the ever-changing, high-profile rulings of district courts, courts of appeal, and the Supreme Court of the Netherlands regarding this highly topical subject in the coming years.
Wherever possible, an amicable solution is sought. If that is not feasible, Mr. Zwaanswijk does not hesitate to initiate legal proceedings. While some employment lawyers limit themselves to assisting exclusively employers or exclusively employees, Mr. Zwaanswijk consciously chooses to represent both parties. This provides him with a broader perspective and enables him to assess employment disputes strategically and realistically.
As both a lawyer and an entrepreneur, he knows that legal theory does not always align with daily practice. Therefore, he seeks solutions that are not only legally sound but also workable and effective. Mr. Zwaanswijk is characterized by his commitment, accessibility, and complete partiality for his clients as a lawyer, but also by his ability to take decisive action and make business decisions in the best interest of his client. His clients include companies, their directors, professionals, and high-level civil servants where there is sometimes a tension between seeking public opinion and safeguarding personal interests by opting for behind-the-scenes negotiations; however, he also assists private individuals.
Mr. Zwaanswijk is a member of the specialist associations Vereniging Arbeidsrecht Advocaten Nederland (Dutch Employment Lawyers Association) and is also a member of the regional association Vereniging Haagse Arbeidsrecht Advocaten (The Hague Employment Lawyers Association).
In addition to his employment law practice, Mr. Zwaanswijk handles cases in the field of victim rights, drawing on his years of past experience in criminal procedure law. He assists victims of serious crimes and guides them throughout the entire criminal process, from the moment a suspect is arrested and in pre-trial detention until the final substantive hearing. Mr. Zwaanswijk’s experience is that victims are naturally unfamiliar with criminal procedure and, following a violent crime, primarily need information regarding whether the suspect remains in custody, the reasons for extending pre-trial detention, and obtaining the case file.
His guidance is personal, committed, and expert. The goal is for victims to feel heard, understand the legal proceedings, and be able to take their position within the criminal process with confidence.
Mr. Zwaanswijk is a member of the specialist association Stichting Landelijk Advocaten Netwerk Gewelds- en Zeden Slachtoffers. Stichting LANGZS is a national network of lawyers dedicated to victims of violence and sexual offenses, focusing on legal assistance for victims of such crimes.
On January 1, 2014, Mr. Zwaanswijk founded Farber Zwaanswijk Advocaten B.V. together with his partner.
