From 1 August 2022, all employers must ensure clear and predictable employment conditions due to new legislation. The act is called: implantation directive transparent and predictable employment conditions and is a result of a European directive. Among other things, the law introduces new rules for employers’ obligation to provide information, the study costs clause, the […]
Breach of confidentiality: all that glitters is not gold Confidentiality In most employment contracts, something is agreed about confidentiality. It is of course important to agree precisely what exactly falls under that secrecy. Practice shows that if a dispute arises about a breach of the agreed confidentiality, the court will look very carefully at […]
Recently, on 15 December 2021, the District Court of The Hague ruled on a sick employee who took the position that he was not reasonably able to take holidays as a result of his persistent incapacity for work. Now that the employer had not imposed any reintegration obligations, the employee felt that he should invoke […]
We often hear Minister Mr. De Jonge, who deals with the Corona file, say: by testing the Corona virus can be detected in an early stage and prevents outbreak situations of the Corona virus. Testing for Corona has also become a topic of discussion in the working relationship between employer and employee and sometimes leads […]
Working from home: put the conditions on paper? The Corona crisis has dramatically increased working from home. Partly at the instruction of the government. Working from home may well be “a keeper” because there are many benefits for the employer and the employee. To prevent arbitrariness within the organization, it is necessary to draw up […]
BLOG reorganization of the company Do I need to reorganize is a question that many organizations are now asking themselves. Taking measures that will result in the loss of jobs, you as an employer must ultimately go to the Subdistrict Court, but in the event of a reorganization for economic reasons, the employer must go […]
Suspending a member of the works council is no easy task and that is a good thing. The idea of the legislator behind this is that an elected Works Council member must be protected and has great freedom to say and write what he wants to make the employee participation process work. The legislator has […]
In order to maintain employment as much as possible during the Corona crisis, companies are already making frequent use of the temporary Emergency Measure Employment Bridging (NOW scheme). More than 100,000 companies have now appealed to this scheme at the UWV (Employee Insurance Agency) in the Netherlands. In principle, the temporary scheme applies until 31 […]
Competition clause fines can add up enormously. Article 6:94 of the Dutch Civil Code gives the court the authority to mitigate a contractual penalty. The judge sometimes intervenes firmly. What was going on? This is an employee working at a demolition company specializing in asbestos removal. That is a lucrative market, so we have been […]
A recent decision of the High court of Justice Arnhem-Leeuwarden on 19 July 2019 shows that despite an sick employee, this does not have to stand in the way of termination of the employment contract. The court terminated the employment agreement without awarding an extra financial compensation, which was confirmed by the High court of […]