The Hague Court of Appeal recently held that an employer could recover a leased company car from a sick employee without being obliged to reimburse the loss arising from the private use of the car....more
The Sub-District Court in Maastricht upheld the summary dismissal of an employee who travelled to an orange zone destination despite his employer’s COVID-19 travel restrictions....more
In the Netherlands, the end of a fixed-term employment contract is usually linked to a calendar date. Another possibility is for its duration to be linked to a particular piece of work or a project, provided that it is...more
Employers in the Netherlands should take action if they find out that a (soon-to-be or) former employee is going to work for a competitor. If they do not do so or fail to do so on time, they risk being left empty-handed, as...more
A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week....more
1/19/2021
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
Infringement ,
International Labor Laws ,
Masks ,
Netherlands ,
Personal Protective Equipment ,
Public Health ,
Right to Privacy ,
Wage and Hour ,
Workplace Safety
The District Court of Rotterdam recently reaffirmed that if employees are able to work but refuse to do so with a suitable excuse, an employer can stop paying their salary....more
The Central Netherlands District Court recently held that failure to turn up at work and to contact an employer about the absence justifies summary dismissal....more
A probationary period sometimes isn't long enough to gain a good impression of an employee and the employer might still want to give the employee a further chance. In a recent case, the District Court of Midden-Nederland...more
On May 28, 2020, the Dutch government announced that the economic relief package in connection with the coronavirus crisis will be extended by one month, to October 1, 2020. This extension will allow the government and social...more
Recently, the Court of Appeal in Den Bosch ruled on a case involving an employee’s claim for wages three years after she had stopped being called up for work. According to the court, the employee had deliberately neglected...more
We recently reported on the risks of scanning employees’ fingerprints. After the District Court of Amsterdam reprimanded a shoe store chain last summer for using fingerprint scans to access the tills, Dutch Department store...more
The Dutch government provided an update on the temporary Emergency Fund Bridging Employment (“NOW”) program....more
On March 27, 2020, the government of the Netherlands announced that the Temporary Benefit for Self-Employed Professionals (Tijdelijke Overbruggingsregeling Zelfstandig Ondernemers) (“Tozo”) is to be made available this week....more
As previously discussed, the coronavirus outbreak has led to an abundance of employer applications to the Ministry of Social Affairs and Employment for permits to reduce their working hours (Werktijdverkorting, or WTV). On...more
An increasing number of employers in the Netherlands are applying to the Ministry of Social Affairs and Employment for permits to reduce their working hours (Werktijdverkorting, or WTV) arising from the coronavirus (COVID-19)...more
Over the past few days, the Netherlands has been hit by a number of coronavirus (COVID-19) outbreaks. COVID-19 has a direct impact on the workplace. How should employers and employees deal with COVID-19?...more
3/2/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Leave of Absence ,
Netherlands ,
Policies and Procedures ,
Popular ,
Public Health ,
Remuneration ,
Risk Management ,
Telecommuting ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
Beginning March 1, 2020, employers in countries other than the Netherlands in the European Economic Area (EEA), and Switzerland, that want their employees to work temporarily in the Netherlands will be required to provide...more
2/26/2020
/ Employer Liability Issues ,
EU ,
European Economic Area (EEA) ,
Foreign Persons ,
Foreign Workers ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Netherlands ,
Notice Requirements ,
Regulatory Requirements ,
Switzerland
At the end of 2019, Dutch department store chain HEMA announced it was going to stop using fingerprints for its time clocks and sales registers. HEMA had been planning to introduce this fast and reliable method of...more
2/14/2020
/ Biometric Information ,
Data Collection ,
Employee Privacy Rights ,
Employment Contract ,
Fingerprints ,
General Data Protection Regulation (GDPR) ,
International Labor Laws ,
Netherlands ,
New Regulations ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
Wage and Hour
Employers Must End Dormant Employment -
Precedential Decision by Judiciary or Regulatory Agency -
On November 8, 2019, the Dutch Supreme Court issued a ruling on dormant employment relationships. The Supreme Court...more
We recently reported on a new law in the Netherlands that sets different unemployment insurance contribution rates depending on the type of employment contract used (WW-premiedifferentiatie). Under the new law, the Dutch...more
Starting January 1, 2020, the new Dutch Balanced Labor Market Act (Wet arbeidsmarkt in balans, WAB) will enter into force. This new law seeks to encourage employers to offer their employees indefinite-term contracts—which...more
Members of works councils (“WC members”) enjoy special protection from dismissal. One persistent misunderstanding is that it is impossible for employers to dismiss WC members. ...more
Trade Secrets Now Expressly Protected by Law -
New Legislation Enacted -
On October 22, 2018, the Trade Secrets Protection Act (the Act) entered into force. The new legislation lays down the rules on implementing...more
Over the years, the dividing line between work life and private life has become thinner and thinner. Employees tend to feel the pressure to be always on, including during weekends and holidays....more
Supreme Court Clarifies Right to Continued Payment of Wages Pending Trials -
Precedential Decision by Judiciary or Regulatory Agency -
On July 13, 2018, the Supreme Court of the Netherlands ruled that an employer has no...more
10/11/2018
/ Consumer Privacy Rights ,
Data Protection Authority ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
International Data Transfers ,
International Labor Laws ,
Netherlands ,
Personal Data ,
Risk Management ,
Wage and Hour