Netherlands

Facts The employee had been employed by the employer in the position of Sales Manager since 1 May 2021. The employment contract contained confidentiality, competition, relationship and penalty clauses. On 18 May 2021, the employee informed the employer that he was terminating the employment contract following an offer from X, a direct competitor of the […]

In principle, the sick employee is entitled to continued payment of salary for two years. In a number of cases, however, the employer may suspend or even discontinue the payment of salary. In practice, it is not always easy to distinguish the difference between suspension and discontinuation of salary. Suspension of salary The employer may […]

Marcus Draaisma and Lydia Milders have special expertise in adequately solving fraud cases within boards of directors and in the workplace. The civil approach to corporate fraud has proven effective and is gaining in popularity compared to the criminal approach. Approaching corporate fraud, seizure of evidence is used more and more often. Read more in […]

Important features NOW 4 Employers with a minimum (expected) loss of turnover of 20% are eligible for the NOW 4. However, the government has decided to apply a maximum (to be reported) loss of turnover of 80%. This means that businesses with a loss of turnover of more than 80% must take an allowance of […]

The value of a vacation day is important when holidays are taken and when they are paid out (whether or not at the end of the employment). During vacation, an employee is entitled to his usual wage. In practice, it is not always clear what constitutes as usual wage. In this blog we explain what […]

In the advisory report of 2 June 2021, the Social and Economic Council (hereafter “SER”) has made recommendations for, among other things, the Dutch labour market; incl. proposals to reduce flexible employment relationships and to make use of the open-ended employment contract more attractive for employers. The report aims to increase the security of work […]

After KLM became the sole shareholder of Martinair, Martinair’s cargo division and KLM’s cargo division were integrated. After the integration, Martinair no longer carried any ‘own’ cargo but was engaged by other airlines as a carrier. All other activities were transferred to KLM and the (ground) staff concerned joined KLM. However, KLM has not offered […]

In principle, a fixed-term employment agreement cannot be terminated before the end of the contract, by either the employer or the employee. The contract ends by operation of law after the agreed period. Only if an interim termination clause has been agreed upon, will premature termination be possible. In this article, we will discuss the […]

1 August 2022 is the deadline for the Netherlands to have implemented the European Directive on transparent and predictable terms of employment. The directive includes an improved information obligation of the employer and new minimum rights for the employee. An important result of the directive is an adjustment of the current training obligation of the […]