The establishment of the existence of a compelling reason does not mean that the dismissal is due to serious imputable acts or omissions on the part of the employee.
The employer has breached the reinstatement obligation.
A number of important changes have been introduced in the area of employment law in NL, with effect from 1 January 2018. We have made a list of the most important legislative amendments and the changes.
A number of changes have been introduced in the area of employment law in NL, with effect from 1 January 2018. We have made a list of the most important legislative amendments and the changes. This is ‘Part I’
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