Building a Cost-Effective Global Patent Portfolio Using the Netherlands
JONES DAY TALKS®: Private Antitrust Litigation in the Netherlands
Almost a century ago, in 1928, the Olympic Games were held in Amsterdam. Although the Netherlands has not been particularly active when it comes to organizing this major event as it has not organized the Olympics since, Dutch...more
One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely from country to country and may be so...more
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
Sooner or later all employers, including those in the hospitality industry, are faced with sick employees. Apart from the costs, this also brings with it the necessary operational hassle for employers; for example,...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
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
Equal opportunity in the job market is not yet a given for everyone in the Netherlands; discrimination when recruiting and selecting new employees still occurs. The bill to oversee equal opportunities for recruitment and...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
There is greater age diversity in the Dutch jobs market than ever before. This presents opportunities and challenges. Even though younger people (15 to 30 years old) and older people (over 50) are the most likely to lose...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
In September 2021, the Dutch Senate ratified the “Act to ensure a more balanced ratio between men and women on the management and supervisory boards of large public limited and private limited companies,” known as the...more
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
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
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 recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more
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
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
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
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
Australia - Changes to Working Holiday Maker Visas for Bushfire Recovery - The Department of Home Affairs (DHA) has accepted the recommendation of the Migration Institute of Australia (MIA) to relax and broaden the...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
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
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
On December 13, 2019, the Dutch Supreme Court (ECLI:NL:HR:2019:1950) provided clarity on the issue of giving references for former employees. Even after the employment relationship has ended, the employer and employee must...more