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Employment Contract Netherlands

Littler

Pay During Illness in the Netherlands: More Money for Employees Who Partially Return to Work?

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Many employers in the Netherlands will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to return to...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

Littler

Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

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In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more

Littler

Will the Dutch Government Ban Non-compete Clauses?

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In a recent letter to the Netherlands’ House of Representatives, Minister Van Gennip announced a proposed reform of non-compete clauses, including non-solicitation clauses. It is clear through these propsed amendments that...more

Littler

Dutch Court Finds Employer Discriminated by Not Renewing an Employment Contract Due to Pregnancy

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In the Netherlands, a pregnant employee was told that her fixed-term employment contract would not be renewed. A day after the notice, her manager informed her by WhatsApp that the reason was that she was absent a lot and she...more

Littler

Dutch Supreme Court Holds Secondment Provisions May Be Invoked When a Secondment Worker Calls in Sick

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On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment...more

Hogan Lovells

Prinsjesdag: The Dutch Government’s key employment law-related plans for 2023

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On 20 September, the Dutch Government presented their key plans and the distribution of the national budget for the coming year. This blog provides an overview of how a selection of these plans may affect employers and...more

Hogan Lovells

Dutch Employment know how update

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This update provides an overview of the latest important developments in Dutch Employment legislation and case law. On 5 July 2022, the Dutch House of Representatives adopted the legislative proposal for the Work Where You...more

Littler

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

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In a recent case, an employer petitioned the Sub-District Court to dissolve an employment contract with immediate effect after the UWV (Employee Insurance Agency) had dismissed its application for dismissal for economic...more

Littler

Are reservations in Dutch employment contracts a good idea?

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Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

Littler

The Netherlands: Is your fixed-term contract sufficiently clear?

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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

Littler

The Netherlands: When does the prohibition against termination during sickness apply?

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In the Netherlands, employers are generally prohibited from dismissing sick employees in the event of a reorganization, even if those employees are eligible for dismissal based on the reflection principle. The reflection...more

Littler

Dutch Court Ruling Shows a Fight is a Two-Way Street

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The Dutch Court of Appeal recently addressed damages owed in a dismissal action where both the employer and employee acted with serious culpability. The question for the court was who was to blame for the termination of the...more

Littler

The Netherlands: Reassignment Obligation Does Not Require Job Creation

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Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe...more

Littler

The Netherlands: Is the employee a managing director under the articles of association?

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A recurring discussion whenever there is a proposal to dismiss a managing director is whether they actually are a managing director under the articles of association (statutair bestuurder). This is an important question...more

Littler

The Netherlands: Compensation due only in absence of contract extension notification

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On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension. Under...more

Littler

The Netherlands: Can an employee hide and then seek a notice payment?

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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

Littler

The Netherlands: Is a new contract after dismissal during a probationary period allowed?

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Regulations Enhance Rights of Fixed-Term Employees in the Netherlands

Using fixed-term employment contracts has become more expensive for employers as a result of new regulations introduced in the Netherlands on January 1, 2020....more

Littler

The Netherlands: Employers Need Not “Wake Up” Dormant Employees

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The Dutch Supreme Court issued a decision in November 2019 on whether “dormant employment” arrangements were permissible. Employment becomes dormant when the employee is unfit for work for more than 104 weeks....more

Littler

Netherlands: Collective secondment provisions; consigned to history?

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In the Netherlands, a secondment provision in a collective labour agreement (CLA) concerning the treatment of ill workers has been established practice for some time....more

Littler

The Netherlands: Scan your employees, not their fingerprints

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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

Jones Day

Significant Changes to Dutch Employment Law Take Effect

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The Situation: Several changes to Dutch employment law took effect January 1, 2020, most notably those resulting from the Labor Market in Balance Act. The Result: Businesses in the Netherlands must be aware of and comply...more

Littler

Littler Global Guide - Netherlands - Q4 2019

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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

Littler

Employers in the Netherlands Can Save on their UI Premiums by Changing Contract Types

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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

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