Employee leaving sick: what about premium differentiation?
Are you familiar with the financial consequences of a sick employee leaving your company? The Sickness Benefits Act and WGA premiums are differentiated. This means that the premiums depend on the inflow of employees who became ill on the last day of their employment or within 4 weeks after the dismissal date. In this article we discuss the premium differentiation and the calculation of this premium.
Justified employee job reassignment after serious incident?
A question that we as employment lawyers receive with some regularity is whether an employee can be placed in a lower position with a lower salary after one or more incidents. In many cases an employee will not voluntarily agree to this and the question arises whether a unilateral change of position is possible. This question was addressed by the subdistrict court in its judgment of December 31, 2020.
Summons Dismissal: Requirements and Recent Rulings
Many employers are occasionally confronted with an employee whom - in view of the seriousness of the conduct - they wish to part with immediately, i.e. dismiss summarily. But is this really possible? In this article, we will discuss the requirements for summary dismissal and three recent decisions by subdistrict courts that have ruled on summary dismissal.
Assessment of employment relationships and the DBA Act: Employee or self-employed person?
A widely used employment relationship is the ZZP construction. This employment relationship has a number of advantages for entrepreneurs and it is a good alternative to temporary work and (temporary) employment contracts. It is therefore a subject that has been the subject of much debate in recent years, more specifically, when is there an agreement for services or an employment contract?
Dutch employment law: dismissal procedure and severance pay
Almost every company employs personnel and therefore has to deal with the relatively complex system of Dutch employment law. Hiring and hiring personnel is relatively simple. Dismissal, on the other hand, can be complex and in certain cases impossible or expensive. In many cases, it can therefore be advantageous to agree on termination of employment by mutual consent.
Reorganisation and dismissal in NOW scheme: what is allowed and what is not?
In a recent article we discussed the Temporary Emergency Measure Bridging Employment (NOW). The subsidy from this scheme comes with obligations for employers. If these obligations are not (fully) met, a sanction may be imposed. This article looks at the question whether you can still lay off employees during the granting of the NOW subsidy and whether you can reorganise.
A proactive absenteeism policy; a precondition for sustainable employability
When an employee reports sickness, an employer must be alert. Does the employee need support? Is it short-term or long-term absenteeism? And how is reintegration handled? Perhaps outside their own company?
WW premium: low or high rate?
With effect from 1 January 2020, the Labour Market Balancing Act (Wab) will introduce a new system for the WW premium. The sectoral premium differentiation will also be abolished, because many companies no longer belong to a single sector.
TRADE SECRETS ACT: Good news for enterprises!
As you all know the introduction of the Data Protection Regulation (2016/679 with effect on 25th May 2018 had a substantial impact on enterprises on all levels, and received a lot of attention. Shortly after, another act was implemented in the Netherlands which also puts the trade secrets of organization on the map and gives enterprises a competitive advantage.
Important changes in Dutch employment law in 2020
From the 1st of January 2020 a number of changes in Dutch employment law will come into force. These changes will bring new attractive benefits as well as new risks that need be taken into account by both employers and employees.
