Richard Ouwerling

March 12, 2025

How final is the final discharge in termination agreements?

2025-02-04T16:02:24+00:00December 6, 2022|employees, posts|

If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?

Bonus employees: how to create a good bonus scheme as an employer?

2025-03-07T13:29:42+00:00March 14, 2022|employees, posts|

The bonus is a nice incentive for employees that you can use as an employer. But you have to be careful. The bonus scheme can be risky if it is not put down on paper correctly. As an employer, you then face the question: is the employee entitled to the bonus and how high is it? Obviously, you do not want to have that discussion with your employees. In this article, we discuss how you, as an employer, can draw up a good bonus scheme.

Sick employee does not cooperate in reintegration: employer actions

2025-03-07T13:39:37+00:00February 21, 2022|employees, posts|

A reintegration process starts by the employer reporting sick. Earlier, we wrote an article about the steps that should be taken in a reintegration process. But what if the sick employee does not cooperate? Which actions can you take as an employer to get the reintegration process back on track or can the employer fire the sick employee if he does not cooperate?

Surveillance in the (home) workplace: what is an employer allowed?

2025-03-07T13:41:33+00:00February 10, 2022|employees, posts|

Previously we wrote an article about the rules for camera surveillance in the workplace. The need for employer monitoring exceeds - partly in view of the corona pandemic - the mere checking of the workplace with cameras. Employers also have a need to monitor employees' browsing habits, as well as the emails they send. And, of course, they want to prevent employees from spending hours Internet shopping and watching TV at the home workplace during working hours. But isn't monitoring this a violation of the employee's privacy, especially at the home workplace? In this article, we address that question. Is an employer allowed to use monitoring tools and what rules must the employer abide by during a monitoring. To form a clear picture, we will also discuss case law.

Sexual transgressive behavior in the workplace: is it seriously culpable?

2025-03-07T13:45:41+00:00February 7, 2022|posts|

Sexual transgressive behavior in the workplace unfortunately occurs regularly. As an employer, you would think that this is an irrefutable reason for dismissal and that the behavior is seriously culpable, so that no transitional compensation is owed to the employee and the employee cannot claim unemployment benefits. However, practice is more recalcitrant.

Qualification of the employment relationship: management agreement or employment contract?

2025-03-07T15:37:19+00:00October 11, 2021|employees, news, posts, specialist areas|

The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?

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