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.
A number of 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. This is ‘Part I’
Despite the fact that the self-employed worker and its former client had not agreed on a non-competition clause in the service agreement, the court ruled that the self-employed worker would not be allowed to be involved in a specific tender for his new client for a period of one year. The self-employed worker had been involved in the same tender for his former client.
Last October, the cantonal court terminated the employment contract of an employee of a vegetable production company who took home salads from work that were meant to be destroyed, for health and safety reasons. The cantonal court reasoned that the termination was justified, because the personnel manual was clear on the consequences of taking home products without permission. The court terminated the contract based on the legal dismissal ground “imputable acts of the employee”