employees

June 15, 2025

Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests

2025-02-04T13:07:12+00:00June 20, 2023|employees, posts|

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.

Dismissal during illness versus dismissal due to illness

2023-06-06T12:38:48+00:00June 6, 2023|employees, posts|

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.

The future labour market

2023-05-01T08:31:59+00:00April 28, 2023|employees, posts|

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.

Part-time layoffs and secondment as solution to energy crisis

2023-01-10T10:22:32+00:00January 10, 2023|employees, posts|

Bankruptcies are slowly increasing again as a result of the energy crisis, high inflation and the cessation (and repayment) of government support measures. Retail, agrifood and business services are particularly hard hit. Entrepreneurs in these sectors should anticipate even worse business times. In that context, when part of the turnover is lost, two alternatives to a (final) reorganization can be considered, namely part-time dismissal and secondment.

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