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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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Playing ‘Happy Families ’ with Labour Relations

It’s often said that everything was better in the good old days. I’m not so sure about that. However, I do agree that things were often a lot clearer back in the day. Labour relations is a great example.   Throughout most of the 20th century, people in the Netherlands generally worked in either agriculture…

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The cross-border employee

Which legal system do you apply when an employee who operates mainly across borders has a dispute with his or her employer? It’s a question with no easy answers for employment law practitioners. Even if the parties have agreed in advance which law governs the employment contract, it doesn’t automatically mean that the legal system…

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Judgment of the Court – Deliveroo delivery driver is self-employed worker without personnel | event: future of self-employed workers without personnel

The court ruled today that Deliveroo’s construction of self-employed workers without personnel is permissible. The subdistrict court has found that no relationship of authority is in place:   after all, the delivery driver himself was able to decide whether or not to sign in for work and able to refuse orders; in addition, he was…

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A brief consideration of the harmonisation of employment conditions after transfer of undertaking

This blog post addresses a judgment delivered by the North Holland District Court on 12 April 2018 (available via ECLI:NL:RBNHO:2018:3068) . The case concerned the question of whether an employee who worked in a supermarket taken over by Albert Heijn was entitled to her old, higher salary. Albert Heijn guaranteed that salary to her after…

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Newsflash: Minimum wage for overtime and holiday allowance

Holiday allowance due If overtime pay is due, this legislative amendment means that employees can claim 8% holiday allowance on any overtime worked. This also applies if it has been agreed that an employee is entitled to more than 100% of the normal wage for overtime worked. Exceptions regarding payment of holiday allowance Time for…

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Confidence in the Future

The adage of the third Rutte government exudes positivity. The coalition agreement is therefore a child of its time: the financial crisis has been brought under control, populism has lost elections in Europe, consumer confidence is rising and unemployment is falling. This new reality calls for an appropriate package of proposed measures which, as usual,…

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