Category: Dutch employment law
Recently, AMS Advocaten brought an interim injunction on behalf of a Dutch employer in which they sought a prohibition on the breach of the non-competition clause by two former employees. One of them was employed for an indefinite period, the other for a fixed term. The Dutch court awarded the injunction in spite of the strict requirements in Dutch law for a non-competition clause in temporary contracts. Employment law specialist Lennard Noordzij explains.
Read more about: This is how the non-competition clause in a Dutch employment contract works!
The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law. Because of this decision, the former employees of the childcare organisation Estro – including those employees who were not offered an employment contract – are automatically employed by the party making a new start. Dutch employment law attorney Lennard Noordzij expects this decision to have significant consequences.
Read more about: Pre-pack bankruptcy is the transition of an enterprise in terms of employment law
A Dutch employee learns that his employer wishes to terminate his employment contract by means of an amicable termination. In anticipation of this, the employee is exempted from work. Before the employee goes home, he mails four working files to his own business e-mail address. The files include summaries of all of the employee’s account information, licenses and contact persons. Employer then dismisses employee summarily. Is this justified? Dutch employment lawyer Sander Schouten discusses the ruling.
Read more about: No dismissal for employee who e-mails confidential information to himself
In a recent employment law case in the Netherlands, an employer applied for the dismissal of a project coordinator for unsatisfactory performance. The employee would have been incapable of organising and managing. Following several meetings and warnings, the employer decided to transfer him to another job and location. However, the employee’s work remained below par. Are there sufficient grounds for dismissal? Dutch employment lawyer Sander Schouten explains on the basis of the judgment the criteria for dismissal for unsatisfactory performance that are used in the Netherlands.
Read more about: Dutch criteria for dismissal for employee’s unsatisfactory performance
In a recent Supreme Court judgement, the Dutch Court of Appeal was reprimanded because in a dispute between an employee and employer it had not examined whether there was a successive term of employment. The fact is that the employee first worked through an employment agency, and then directly for the employer. What does the concept successive term of employment exactly mean in Dutch employment law and why is the distinction so important? Dutch employment lawyer Sander Schouten discusses the case.
Read more about: Successive term of employment: what are the criteria?
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