Blog

NOW 3.0 in brief

The third Temporary Emergency Bridging Measure for Sustained Employment (NOW, short for Dutch Noodmaatregel Overbrugging voor Werkgelegenheid) has entered into force. With effect from 16 November 2020, business owners with an expected loss of turnover of 20% may apply for subsidies with retroactive effect for the period between 1 October and 31 December 2020. This…

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Newsflash: Employment Bridging Emergency Fund (NOW) COVID 19 Coronavirus

Developments are extremely rapid. On 17 March it was announced that the reduced working hours scheme would be stopped immediately and replaced by the Employment Bridging Emergency Fund (NOW). We set out an overview of the content of that regulation as currently published. This will however be worked out in further detail and we will…

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Working hours scheme also applies to employment agencies and payroll companies

ABU has obtained confirmation from the Dutch Ministry of Social Affairs and Employment that the reduced working hours (Wtv) scheme is also available to employment agencies and those working through payroll companies. This was not the case previously. Applications under this scheme must include the names of all the employees whose salary the applicant is…

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Legal Newsflash July

Movement in the flexible labour market: important changes in the hirer’s remuneration & equalisation of employment conditions for temporary agency workers/seconded workers For whom are the changes relevant? With effect from 30 December 2019, hirers of personnel, temporary employment agencies – always including secondment companies – and temporary agency workers / seconded workers covered by…

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Dormant employment contracts revived?

Since the introduction of the Work and Security Act, we’ve seen a new trend emerging: many employers keep employment contracts with long-term disabled employees dormant, in order to avoid the transition payment that in principle is payable after two years of employment in the event of forced dismissal. Case law is divided on the issue…

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Legal Newsflash January

2019 began with the following important legislative changes that took effect on 1 January 2019: Partners are entitled to parental leave of once their weekly working hours with retention of salary. The leave must be taken within 4 weeks after the birth of their child; Compensation for overtime in the form of a time-for-time arrangement…

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Sick employee resigns with immediate effect after employer’s violation of the rehabilitation obligation: transition payment and fixed compensation awarded

Employees are not quick to resign with immediate effect because if they do they risk losing benefit rights as a result of terminating their employment contract and–not unimportant–their right to the transition payment. In the Dräger ruling rendered by the Dutch Supreme Court in March 2018, the Court confirmed that a transition payment could also…

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The employer’s reassignment obligation – a plan of action

Employers may only terminate or cancel an employment contract unilaterally when: one of the grounds referred to in law applies (notwithstanding special cases such as dismissal with immediate effect and dismissal during the trial period) and it is not possible to reassign the employee to a different suitable position. The reassignment obligation referred to under…

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Tightening of remuneration rules for the financial sector in the making

Earlier this year, proposals to increase the fixed remuneration of directors of banks and insurers caused indignation, particularly the proposed pay increase for Ralph Hamers at ING. The Minister believes this is detrimental to public support at a time when confidence in the sector needs to be regained. That is why the Minister is in…

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