New rules on wage transparency
The EU Pay Transparency Directive and the pay gap in the Netherlands are creating new obligations for employers. The core of the directive is that employers must be more transparent about their remuneration structures and must be able to justify pay differences. The most important change is that the burden of proof is shifting. From now on, employers must demonstrate that they pay equal wages. If they cannot do so, they must explain the difference.
External entrepreneurship is fully taken into account when assessing pseudo self-employment
The Supreme Court has made an important ruling on the employment relationship between Uber and its drivers. This ruling has far-reaching consequences for self-employed people without employees and the question of whether they are truly self-employed or pseudo self-employed.
Qualifying employment contract: employee or not after all?
With the Deliveroo judgment of March 2023, the Supreme Court has once again given the practice more clarity on the qualification of the employment contract. Since that ruling, of course, various case law has again been rendered on whether there is an employment contract or yet another type of contract.
Sick employees; Reintegration second track in SMEs
Suppose your employee has been sick for almost a year. He holds a defining position within your company. You therefore want to appoint a replacement, because it looks like the sick employee will not be able to return to his original position. Is this allowed?
Employee termination: ‘We are going to quit’, clear and unambiguous?
It is more common than thought: an employee terminating their job in an emotional state. This termination may obviously be due to a conflict or discussion at work (e.g. about reintegration). It may also be that the employee feels pressured by his employer to quit.
Suspension of employee; when and for how long?
Today, the summary proceedings in which Tom Egbers is demanding the lifting of his suspension by NOS after a year take place. The questions that come into play here are: when can you suspend an employee and isn't a year of suspension far too long?
Scope of collective bargaining: which collective bargaining agreement do I fall under as an employer?
In a previous article, we wrote about the importance of a scope study and avoiding a financial noose. This time, it is the online supermarkets Picnic, Flink, Gorillas, Getir and Hofweb that are facing the collective bargaining agreement Food Industry. In this article, we discuss the judgment of the Central Netherlands District Court dated February 28, 2024, as well as discuss the importance of a scope study.
The importance of a scope review: avoid a financial noose
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.
End of an addicted employee’s employment contract?
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.
Testing an employee for alcohol or drugs: allowed or not?
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.
