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
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.
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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
Mandatory discussion of directors’ salary with the works council; Introduction of extra parental leave; and 30% ruling
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).