employees

January 10, 2025

Right to consent of Works Council: what to do in case of refusal by Works Council (WC)?

2021-08-17T14:03:38+00:00August 17, 2021|employees, news, posts, specialist areas|

A works council WC has a right to consent with regard to proposed decisions to adopt, amend or repeal a regulation pursuant to Section 27 of the WOR. But what if the Works Council refuses to give its consent to the implementation of the resolution? Is that reasonable, or do the interests of the employer outweigh the interests? And what can the entrepreneur do?

Actions against non-competition agreements

2023-06-20T10:39:48+00:00May 11, 2021|employees, news, posts, specialist areas|

Many employees have a non-compete agreement, and many employers come into contact with potential employees who have a non-compete agreement. The question that then arises is, can the employee join a new company? Or in other words, is the non-competition clause legally valid, can the current employer successfully invoke the clause, or can the non-competition clause perhaps be (partially) voided?

Employee leaving sick: what about premium differentiation?

2022-02-07T13:30:46+00:00April 26, 2021|employees, news, posts, specialist areas|

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?

2021-04-19T11:26:50+00:00April 19, 2021|employees, news, posts, specialist areas|

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

2021-04-14T10:21:46+00:00April 14, 2021|employees, news, posts, specialist areas|

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?

2021-03-01T14:47:00+00:00March 1, 2021|employees, news, posts, specialist areas|

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

2020-12-14T13:31:21+00:00December 14, 2020|employees, news, posts, specialist areas|

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?

2020-04-30T11:01:44+00:00April 30, 2020|employees, news, posts, specialist areas|

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.

WW premium: low or high rate?

2019-12-18T15:36:56+00:00December 18, 2019|employees, news, posts, specialist areas|

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.

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