If an employer does not want to terminate the employment with a long-term sick employee after 104 weeks, the employment is referred to as dormant. The obligation to pay wages has usually ended, but formally, the employee is still employed despite the fact that he does not receive any wages. In this way, the employer avoids having to pay a transition payment to the employee. Keeping the employment ‘dormant’ is not prohibited and in the past an employer was not obliged to agree to a termination request from the employee
Nov
18
2019
The Netherlands: On-call workers and changes in employment law with as from 1 January 2020
As from 1 January 2020, Dutch employment law will be amended on a few points as a result of the Dutch Balanced Labour Market Act (Wet arbeidsmarkt in balans) entering into effect. This includes amendments in respect of on-call workers. An on-call agreement exists when: the working hours are not determined as one fixed number […]
Oct
25
2019
The Netherlands: A new ground for dismissal, called the cumulation ground, enters into force on 1 January 2020
A new ground for dismissal, called the cumulation ground, was introduced as part of the Balanced Labour Market Act. If the employment contract is terminated on the basis of the cumulation ground, a higher transition payment might be owed. The thinking behind these changes is that the courts can provide insufficient tailor-made decisions. The additional payment is for the compensation of the termination of the employment contract, whilst the other grounds for dismissal, were, each in and of themselves, insufficient to justify a dismissal
Sep
28
2019
The Netherlands: Changes in employment law concerning on-call workers with effect from 1 January 2020
With effect from 1 January 2020, the employment law will be amended in some respects as a result of the Dutch Balanced Labour Market Act. This includes amendments in respect of on-call workers. On-call workers include employees working on the basis of a zero-hours contract or a ‘min-max’ contract (meaning a contract with varying working hours between a minimum and a maximum). The legislator wants to strengthen their legal position, because they face (too) much uncertainty about their income due to the varying working hours
Aug
28
2019
The Netherlands: Temporary employment contracts: the “chain rule” after 1 January 2020
The chain rule stipulates when successive, temporary employment contracts are converted into an employment contract for an indefinite period of time. At the moment, this is the case when more than three temporary employment contracts succeed each other or if the duration of the successive contracts exceeds a period of two years. With the introduction of the Balanced Labour Market Act (Wet arbeidsmarkt in balans) this latter period has been extended from two to three years
Jul
27
2019
The Netherlands: The Supreme Court provides viewpoints for the improvement plan in case of unsatisfactory performance
The help, support and guidance that can be expected from the employer in a specific case, in order to improve the employee’s performance, as well as the way in which all this must be laid down, depends on the circumstances of the case. The Court added to this that the employee, considering the level of her position and her work experience, could herself have shown insight into her improvement areas and could have made it known, which specific measures or courses she needed in order to improve her performance, and her failure to do so, led to her termination due to inadequate performance
Jun
25
2019
The Netherlands: New Balanced Labour Market Act: the 9 major changes to Dutch employment laws
Recently the Balanced Labour Market Act has been approved by the Dutch Senate. The Act introduces several important changes to Dutch employment laws. The Act is intended to enter into force as per 1 January 2020
May
29
2019
The Netherlands: Employment Law Chronicle
Last year, the Dutch Supreme Court pronounced a large number of rulings in the field of the Work and Security Act (Wet werk en zekerheid). Therefore, a large part of this Chronicle deals with those decisions. The items discussed include rulings on the grounds for dismissal, the transition allowance and the fair compensation, the obligation to pay wages after immediate dismissal and a number of procedural aspects. Furthermore, attention will be paid to case law on #metoo and the rulings of the European Court of Justice on the lapse of holidays. Finally, we will discuss a number of relevant developments in laws and regulations
Jun
12
2019
Retail webinar: On-the-clock, All Over The World
Date: Wednesday 12 June 5 p.m. Central European Time (11 a.m. New York time)
Identifying key wage and hour risks confronting international retailers and strategies for compliance
Insights
- The webinar will feature a panel discussion among attorneys from United Kingdom, Canada, the United States and France with deep experience representing employers confronted with class action wage and hour cases and the myriad of issues arising from the unique scheduling demands of the retail industry as they collide with the growing push to ensure through local laws that employees receive sufficient time off and compensation.
Speakers
- Jonathan Dye (Filion Wakely Thorup Angeletti in Canada)
- Eric R. Magnus (Jackson Lewis in USA)
- Olivier Kress (Flichy Grangé in France)
- James Major (Clyde & Co in United Kingdom)
- Moderator: Rich Landau (Jackson Lewis in USA)
Date and time:
June 12, 2019 5:00 pm
-
6:00 pm
(CET)
Apr
27
2019
The Netherlands: Summary of Compensation Schemes and Transition Payments after 2 years of Sick Leave
This overview applies to i) Compensation for transition payment after 2 years of sick leave; ii) Compensation scheme seeks to prevent additional costs for employer; iii) Conditions for being compensated for transition payment; and iv) Contradictory judgments from the courts on said matters