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
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
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
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
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
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
- 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.
- 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 (CEST)
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
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
Spanning 6 continents, L&E Global’s member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives. Our members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace.
Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
On March 30, 2019 the United Kingdom (UK) will in all likelihood no longer be part of the EU. In this article we will discuss a number of significant Brexit consequences for employers and employees. The focus will be on the right of British citizens to reside and work in the Netherlands
In calculating the level of fair compensation, the court must however take account of the fact that the fair compensation is funded out of public funds