Employees
(Amendment of) employment conditions
The terms of employment of your employees are central to every employment contract. It is of course of great importance that not only the interests of your employees, but also those of you (during and after employment) are properly safeguarded. Drawing up these conditions deserves serious and permanent attention. We are happy to help you with this.
Modification of terms of employment
Not only drawing up, but also (being allowed to) change the terms of employment of your employees is a subject you regularly have to deal with in a variety of situations. When merging – harmonizing – terms of employment (e.g. after a takeover), when changing tax regulations or when business economic circumstances give cause to do so, such as a Corona crisis.
It is important, first of all, to determine what you want to change and whether this is in fact an employment condition or, for example, an orderly regulation (for example: prohibition of alcohol consumption during work). In the latter case, the rules for changing employment conditions do not apply. Rules of order fall under the instruction law of the employer.
When determining the possibility of adjusting terms of employment, it is also important whether the terms of employment are primary, secondary or tertiary.
Grounds for amending terms of employment
If you want to change employment conditions, you will initially consult with your employee(s) and ask them to agree in writing to the proposed changes. If an employee does not give his or her permission to change the employment conditions, there are several possibilities to realize a desired change of employment conditions, namely unilateral change (if agreed in the employment contract), good employee and employer manship, reasonableness and fairness and unforeseen circumstances.
Terms of employment and transfer of undertaking
After a company’s transition, there is often a need to harmonize terms of employment. Would you like to change employment conditions after a transfer of undertaking? There may be special circumstances that you need to consider. Such as acquired rights, transitional arrangements to be made and applicable collective labor agreement(s).
Employment law Lawyer
If you would like to know more about workable and effective terms of employment and how you can change these in different situations, please contact Peter Verheijden or Lisa Kloot.
More about employees:
Click further if you would like to know more about how we can advise you on the areas/subjects below:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Richard Ouwerling
Peter Verheijden
More about employees
Abolition of minimum youth wage for employees 21 years and older
Currently, a lower statutory minimum wage applies to young people under 23 years of age, the so-called minimum youth wage. Minister Asscher wishes to abolish the minimum youth wage for employees who are 21 and 22 years of age.
The old-age pensioner (AOW): retaining or hiring?
The position of the old-age pensioner has changed with the introduction of the WWZ (Wet Werk en Zekerheid - Work and Security Act) on 1 July 2015, which means there is little to no employment protection for this employee. Subsequently, on 1 January 2016, the Wet Werken na de AOW-gerechtigde leeftijd (Working beyond AOW entitlement Act) came into effect. This act limits the obligations of the employer in the case of illness of an old-age pensioner.
Claim for damages against a truck manufacturers’ cartel
On 19 July 2016 the European Commission imposed the largest fine ever on European truck manufacturers. The manufacturers were part of a cartel. This is the case for the manufacturers MAN, Volvo/Renault, Daimler, Iveco and DAF.
