November 28, 2022

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

2021-10-11T11:43:24+00:00October 11, 2021|Employees, News|

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?

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|Business service, Employees, News|

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

2021-05-11T10:20:04+00:00May 11, 2021|Business service, Employees, News|

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, 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|

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|

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.

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