Category: Dutch employment law
The Court of Appeal, The Hague, took the view that an employee who had taken hard drugs immediately before work had “not acted in a seriously imputable manner,” such that the employee was entitled to the maximum transition remuneration (redundancy pay) of € 75,000. Has the Dutch employment law got out of control? Make up your own mind after reading this blog by Dutch employment lawyer Sander Schouten about this case.
Read more about: Cocaine-using employee receives maximum redundancy pay
Employers increasingly choose to have a non-recruitment clause included in employment contracts. This means that an employee is prohibited from inducing other employees to leave the employer (“recruiting” or “poaching”) for example to set up a new similar company. Sometimes there is a thin line between admissible contact with former colleagues and unlawful poaching. Dutch employment lawyer Sander Schouten explains, based on a recent case.
Read more about: When do we speak of violation in the non-recruitment clause?
Employees from abroad who come to The Netherlands to work (expats), are often offered a compensation for the extra costs of residence abroad, the so-called extraterritorial costs. Employers in The Netherlands can in that case opt for the so called 30% ruling. This means that the employer is able to pay 30% of the gross salary free of tax, provided that certain criteria are fulfilled. Dutch employment lawyer Sander Schouten briefly discusses these criteria.
Read more about: The 30% ruling for expats in The Netherlands
A director under the articles of association (hereafter: director) has a special legal status. Unlike an ordinary employee he has a corporate as well as an employment engagement with the company. Both engagements are discussed by Dutch lawyer Sander Schouten.
Read more about: The special legal status of a director in The Netherlands
In recent proceedings Canon was berated for not following the proper advice from its Work Council in a reorganization decision. The Works Council that started the proceedings against Canon, had not been provided with enough information about the employment consequences of the reorganization proposal by Canon. Employment lawyer Sander Schouten explains, based on this ruling, what the powers of the Works Council are.
Read more about: The right of the Works Council to be consulted about reorganization plan
On 1 January the first part of the amendments to the Work and Security Act (WWZ) was introduced. On 1 July the second part of the WWZ will be introduced. But what exactly are the changes? AMS Lawyers listed the most relevant changes.
Read more about: Changes in Dutch labour law 2015
During negotiations on the termination of an employment contract, the employee is made an offer, after which the employee makes a counter-proposal. The employer initially rejects this, but eventually he accepts the offer as yet. The question is: was an agreement reached between the parties? This was put to the Court of Appeal in a recent case. Employment lawyer Sander Schouten explains the ruling.
Read more about: Acceptance of a previously rejected offer: a perfect agreement?
During negotiations on the termination of an employment contract, the employee is made an offer, after which the employee makes a counter-proposal. This is initially rejected by the employer, but eventually he accepts the offer as yet. The question is: was an agreement reached between the parties? This was put to the Court of Appeal in a recent case. Employment lawyer Sander Schouten explains the ruling.
Read more about: Does acceptance of a previously rejected offer result in an agreement?