Can an employer still owe a transition payment after a justified instant dismissal? The law states that a transition payment is not owed if the employee acted seriously culpable. Instant dismissal requires an urgent cause, but it is imaginable that the employee cannot be blamed for that cause in every case.
The conclusion is that the employees have been transferred along to the new undertaking for the period of the notice of termination and have a claim relating to pay for that period.
An employment agreement has always been considered as an indivisible whole. In actual practice, however, partial termination of the employment agreement does occur. It has long been debated whether a transition payment (partial or otherwise) is due in the event of partial termination. Recently, the Dutch Supreme Court (Hoge Raad) clarified this matter (HR 14 September 2018, ECLI:NL:HR:2018:1617).
On 1 August 2018, new Implementing Rules regarding Dismissal for Commercial Reasons (the ‘Implementing Rules’) took effect, and are relevant when filing an application for dismissal with the Employee Insurance Agency UWV
In recent years, the remuneration of top directors has been a recurring topic of discussion. The matter has also drawn attention from the political arena. On 12 June 2018, the Senate adopted a legislative amendment that gives the works council (OR) more influence over directors’ salaries. The boards of businesses with a minimum of 100 employees are obliged to enter into discussion with the works council regarding remuneration of their directors. It is not yet known when the legislative amendment will come into effect
From two days to five – or even ten days parental leave for partners? And an additional five weeks parental leave with payment entitlements
The Supreme Court has determined that the provision that persons entitled to an AOW [General Old Age Pen-sions Act] pension are not entitled to a transition payment if the termination or non-continuation of the em-ployment agreement takes place in connection with the employee’s reaching the AOW pension age or after the employee has already reached the AOW pension age, is not in violation of Directive 2000/78/EC. According to the Supreme Court this provision therefore does not constitute age discrimination.
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.