Recently, the Hague Court of Appeal ruled that Booking.com must join the industry pension fund for the travel industry. The company opposed this because it sees itself as an Internet company. The financial consequences for Booking.com are huge: The parent company estimates that the ruling will lead to an additional cost of 405 million euros.
Abuse of alcohol or drugs can lead to major problems in the workplace. Think of unsafe situations, dysfunction and regular and/or long-term disability. The employer sometimes wants to unilaterally terminate the employment contract in such a situation. What are the possibilities.
The AVG states that testing employees for substance use is not allowed. According to the Personal Data Authority, it is only permissible to have employees undergo alcohol and/or drug testing if there is a legal basis for doing so.
The dismissal of a statutory director occupies a special position within labor law. For example, the protection against dismissal that a director under the articles of association has is designed differently from normal employees. It is no different in that there must be reasonable grounds for a legally valid dismissal. The absence of reasonable grounds can cost the employer dearly.
May you set off excess vacation days against salary without consulting your employee?
Since August 1 of this year, the law (Section 7:653a of the Civil Code) has provided that the employment contract may no longer contain a prohibition on ancillary activities ("ancillary activities clause") unless there is an "objective reason for doing so. This means work in addition to the current position with the employer. This may also include work that the employee performs independently.
For most employees, it can be determined with some ease whether they have an employment contract and what law applies to that employment contract. Pilots, on the other hand, occupy a special position within labor law because of the international elements that tend to fester.
A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.
The employment contract of a sick employee can (despite the prohibition on giving notice during illness) be dissolved by the subdistrict court. That is, if (a) there is a legal ground for dismissal (for example, a disturbed working relationship or dysfunction) and (b) the request for dissolution is not related to the illness.
Minister Van Gennip (Social Affairs and Employment) sent a package of labour market measures to the Lower House on 3 April (Kamerbrief over voortgang uitwerking arbeidsmarktpakket | Kamerstuk | Rijksoverheid.nl). The Minister largely follows the so-called 'Borstlap Committee' and the SER Advice and gives an advance insight into what the labour market should look like (at the latest) in 2025, according to the Cabinet.
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl
Legal questions, or even conflicts, are part of doing business. According to LVH, this is not something to fear, but something to take seriously. LVH’s goal is to help you in such a way that you can continue to concentrate on your business operations with peace of mind. LVH is a Rotterdam law firm with skilled, committed and decisive lawyers who, through their way of working, are able to build long-term relationships with their clients and, in a position as in-house lawyer, can and may support entrepreneurs with all possible legal issues. LVH is convinced that professionalism and job satisfaction go very well together, both in the relationship with customers and with each other in the office.
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Visiting address
World Port Center Rotterdam
Wilhelminakade 955
3072 AP Rotterdam
By phone: 010 209 27 77
E-mail: info@lvh-advocaten.nl