Netherlands

Author: Lydia Milders On 17 June 2022, Advocate General (‘AG’) De Bock advised the Supreme Court by means of her opinion on the interpretation and qualification of the agreements between Deliveroo and its meal delivery workers. The question at the heart of this case is whether Deliveroo’s meal delivery workers are employed under an employment […]

Author: Lydia Milders Supreme Court ruling finds that non-competition clauses cannot be used to bind employees in a tight labour market. Legal framework A non-competition clause allows an employer to prohibit its employees from joining a competitor after the end of the employment contract. Article 7:653 of the Dutch Civil Code shows that a non-competition […]

Authors: Ilse van Aert and Lydia Milders On 15 March 2022, the Court of Appeal determined that an employer’s failure to meet the reassignment obligation (in Dutch: herplaatsingsplicht) cannot be remedied in the proceedings for termination before the subdistrict court. The employer must therefore have already complied with the reassignment requirement before the subdistrict court […]

Authors: Ilse van Aert and Lydia Milders   Changing employment conditions unilaterally An employer can change the employment conditions unilaterally by invoking a unilateral changes clause or, if no unilateral changes clause has been agreed, by appealing to: Being a good employee (in Dutch: goed werknemerschap); Reasonableness and fairness; Unforeseen circumstances. Each of the above possibilities […]

As of 1 March 2022, everyone with a connection to the Dutch labour market can make use of the STAP-budget. The STAP-budget consists of a maximum amount of EUR 1,000 per year and can be used for educational activities. The STAP-budget can be used to improve the applicant’s position In the labour market. Eligibility for the STAP-budget is subject to certain […]