Building a Cost-Effective Global Patent Portfolio Using the Netherlands
JONES DAY TALKS®: Private Antitrust Litigation in the Netherlands
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
Since the rise of #metoo, transgressive behaviour in the workplace has been a hot topic involving a wide spectrum of industries - from sports clubs to politics and from television to education....more
The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more
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
A Dutch court ruled in favor of a Dutch national employed by a U.S. company who was fired for refusing to turn on his webcam. The ruling was part of the employee’s wrongful termination lawsuit against his former employer,...more
A recent sub-district court decision in the Netherlands dealt with the limits of an employee’s freedom of expression. In this case, an intensive care nurse at the Elisabeth-Tweesteden Hospital (ETZ) was given a warning for...more
A sales adviser of an exclusive car dealer proved to be overly enthusiastic when he confided to a customer, in a phone call during working hours, that he was starting out for himself "in the background" and asked the customer...more
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
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
In the Netherlands, employers are liable for harm suffered by employees during their work. This can include psychological damage due to sexual harassment....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
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
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
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
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
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
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
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