Despite the fact that the self-employed worker and its former client had not agreed on a non-competition clause in the service agreement, the court ruled that the self-employed worker would not be allowed to be involved in a specific tender for his new client for a period of one year. The self-employed worker had been involved in the same tender for his former client.
Last October, the cantonal court terminated the employment contract of an employee of a vegetable production company who took home salads from work that were meant to be destroyed, for health and safety reasons. The cantonal court reasoned that the termination was justified, because the personnel manual was clear on the consequences of taking home products without permission. The court terminated the contract based on the legal dismissal ground “imputable acts of the employee”
On the 1st of January 2018, the amended ‘Minimum wage and minimum holiday allowance Act’ will enter into force, including a mandatory minimum holiday allowance for overtime.
The cantonal court ruled last month that a non-compete clause remains in effect after an employee terminates the employment contract within the probation period.
On 10 October 2017, the Coalition Agreement 2017-2021: “Confidence in the future” was presented to the House of Representatives. A summary of the main topics and changes in this Coalition Agreement for employment law practice will be given
Following the amendments to the working conditions legislation as per 1 July 2017, new Policy Rules on the Imposition of Fines in Working Conditions Legislations entered into force as per 1 September 2017
The court dissolved the contract of a “Managing Consultant” based on inadequate performance. Given the function level and working experience, the employee could reasonably be expected to write her own Personal Improvement Plan, using the feedback she had received.
Occupational health and safety amendments are in force as of 1 July 2017.
Employer’s request for termination based on an impaired working relationship after the employee has maliciously entered social media and has explicitly presented himself as an employee of the employer.
A recent court ruling held that a proposed decision of the bankruptcy trustee to restart a company, when there is a prospect for job retention, is a decision on which advice of the Dutch works council must be sought.