News, publications and our newsletter
Our lawyers regularly publish on developments in employment law and corporate law – case notes, practical updates for employers and employees, and columns on what changing legislation and case law mean for your organisation.
Latest articles
Below you can browse all our English-language articles and updates. Topics range from dismissal and reorganisations to director liability, contracts and mediation.
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Holiday over work: employee cannot undo her resignation
Midden-Nederland District Court, 24 June 2026, ECLI:NL:RBMNE:2026:3980 Facts The employee had been employed by the employer since 12 October 2024. In September 2025, a dispute arose between the parties over holiday leave the employee wanted to take in October. The employer refused permission because the employee did not have sufficient holiday hours available. The employee,…
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Employer must engage a company doctor in good time during illness
When an employee reports sick, the employer has various obligations regarding absence management and reintegration. The occupational health physician plays an important role in this. The employer must report a sick leave to the occupational health service or company doctor in good time and cannot decide for itself whether an employee is unfit for work…
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Going on holiday despite a refusal: refusal to work costs employee his job
Amsterdam District Court, 3 June 2026, ECLI:NL:RBAMS:2026:5663 Facts The employee had been employed by MacBlauw Facility B.V., a McDonald’s franchisee, since March 2022. Under the employer’s house rules, holiday leave had to be requested at least fourteen days in advance. On 12 December 2025, the employee requested leave for the period from 25 December 2025…
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Sick leave and a wedding abroad: no automatic grounds for a wage stop
Noord-Holland District Court, 20 May 2026, ECLI:NL:RBNHO:2026:5696 Facts The employee had been employed by the employer as a shop assistant since 1 September 2025. She had a fixed-term employment contract that would end by operation of law on 31 March 2026. On 22 December 2025, the employee reported sick. After her sick leave, a dispute…
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Running your own business while on sick leave justifies summary dismissal
Noord-Holland District Court, 7 July 2026, ECLI:NL:RBNHO:2026:9016 Facts The employee had been employed as a quality officer at Gourmet Trading since 2018. Her employment contract contained a ban on secondary activities. The company rules also provided that an employee was not permitted to carry out activities during incapacity for work that could hinder their recovery….
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New legal presumption of an employment contract based on hourly rate
On 16 June 2026, the Dutch Senate approved a bill introducing a legal presumption of an employment contract based on a low hourly rate. This makes it easier for low-paid self-employed workers to argue that they are, in fact, working under an employment contract. The presumption is intended to better protect vulnerable workers at the…
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Covert monitoring of login data does not justify summary dismissal for time theft
The Hague District Court, 7 July 2026, ECLI:NL:RBDHA:2026:18633 Facts The employee had been employed by EControls Europe as Finance and IT manager since 2022. Because of his partner’s illness and caring for their young children, the employee worked partly from home with the employer’s permission. In February 2026, the employer received messages from the accountant…
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Employee does not have to work out for themselves who their employer is
The Hague Court of Appeal, 16 June 2026, ECLI:NL:GHDHA:2026:1871 An employee should always know with which legal entity they are employed. That may seem self-evident, but in practice disputes can arise when multiple companies use the same trade name. A recent ruling by The Hague Court of Appeal shows that this uncertainty is at the…
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Future Pensions Act: what should employers watch for regarding pension compensation on termination?
The Netherlands is in the midst of its transition to the new pension system. The Future Pensions Act has already taken effect, but pension funds, insurers, and pension providers are not all switching to the new pension scheme at the same time. Pension schemes must be adapted to the new system by 1 January 2028…
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Abolition of transition payment compensation for long-term incapacity: what’s in store for employers?
Employers who dismiss an employee after two years of incapacity for work can currently reclaim the statutory transition payment from the UWV (Employee Insurance Agency), subject to conditions. This scheme, however, appears to be coming to an end. The government has announced a new bill to abolish the compensation scheme, meaning employers will become fully…
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Mediation failed? Confidentiality still applies
Confidentiality is a fundamental principle of mediation. Everything discussed, exchanged, or submitted during mediation remains, in principle, within the boundaries of the mediation process. Parties may not share information about the content, the conversations held, or documents submitted with third parties, including the court. It is also not permitted to refer, in court proceedings, to…
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Probationary dismissal after pregnancy-related sick leave upheld
The Hague District Court, 30 April 2026, ECLI:NL:RBDHA:2026:9555 Facts The employee started working for Jumbo as a checkout assistant on 11 November 2025 under a zero-hours contract. The employment contract included a probationary period of two months. The Food Retail Sector CLA (CAO Levensmiddelenbedrijf) applied to the contract. On 13 November 2025, at the start…
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Breach of duty to report justifies summary dismissal
Arnhem-Leeuwarden Court of Appeal, 23 March 2026, ECLI:NL:GHARL:2026:1714 Facts The employee had worked as a teacher at a school community since 7 February 2000. Her children, including her daughter, were pupils at the same school during that period. Since 2017/2018, the employee had been in a relationship with a fellow teacher, without reporting this to…
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International employment disputes: which court and which law applies?
Employment contracts with an international element quickly raise two important questions. Which court has jurisdiction to rule on the dispute? And which law applies to the employment contract? In Europe, these questions are largely answered by reference to EU regulations, with the protection of the employee as the central concern. Which court has jurisdiction? Jurisdiction…
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April Newsletter
Good afternoon We would like to keep you informed of the latest developments. Our colleague Camillia de Weerd was sworn in as a lawyer on Friday 3 April. We are very happy with this reinforcement of our team of lawyers! In addition, we inform you below about some recent developments in employment law. Employee summarily…
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Employee summarily dismissed for assaulting a colleague outside working hours
District Court of Gelderland 27 February 2026, ECLI:NL:RBGEL:2026:2432 Facts The employee has been employed by the employer since 13 September 2021. On the night of 20 to 21 September 2025, the employee picked up a colleague and started driving a company car with her. Sexual contact with mutual consent took place in the car. This…
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Employee summarily dismissed for assaulting a colleague outside working hours
Gelderland District Court, 27 February 2026, ECLI:NL:RBGEL:2026:2432 Facts The employee had been employed by the employer since 13 September 2021. On the night of 20 to 21 September 2025, the employee picked up a colleague and drove around with her in a company car. Consensual sexual contact took place in the car. A dispute then…
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From agency worker to permanent employee through long-term assignment
The Hague District Court, 17 April 2026, ECLI:NL:RBDHA:2026:9257 Facts The employee had been employed by a staffing agency as an agency worker since 18 June 2018. From 2018 onwards, he was assigned to Albert Heijn distribution centres. Since November 2019, he had worked continuously at Albert Heijn’s distribution centre in Pijnacker. In the years that…
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Reclassification of a self-employment contract as an employment contract: consequences for pay and allowances
Supreme Court of the Netherlands, 27 March 2026, ECLI:NL:HR:2026:500. Facts X operates a sole proprietorship, established in 2022, providing advisory services in the field of energy saving. In 2023, X, through this sole proprietorship, concluded an agreement with Y B.V., entitled “Cooperation Agreement for Outsourcing of Work”. From 29 July 2023 until 11 January 2024,…
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Probationary dismissal before the first working day
Limburg District Court, 12 February 2026, ECLI:NL:RBLIM:2026:1410 Facts On 21 October 2025, the employer and employee concluded an employment contract for a term of seven months, with a probationary period of one month. As of 1 November 2025, the employee would start working for the employer, a casino located in Limburg. Shortly after signing the…
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Non-compete clause with a holding company does not automatically bind employee to subsidiary
Arnhem-Leeuwarden Court of Appeal, 3 March 2026, ECLI:NL:GHARL:2026:1297. Facts The employee started working for the employer on 1 January 2011 in a role involving graphic design and digital archiving. His employment contract included a non-compete clause. The employee had a work limitation and received a Wajong benefit (Dutch disability benefit for young people) in addition…
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Unauthorised access to patient files: summary dismissal too severe a measure
Rotterdam District Court, 11 February 2026, ECLI:NL:RBROT:2026:1245 Facts The employee, who had worked as a youth care worker since 2002 and had extensive experience and a good track record, was summarily dismissed on 16 October 2025. The reason for the dismissal was that she had, on several occasions, accessed electronic patient files (EPD) without authorisation…
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Dismissal of a sick employee despite the ban on dismissal during illness
Gelderland District Court, 17 December 2025, ECLI:NL:RBGEL:2025:11357 Facts The employee started working for the employer as a CE-licensed truck driver on 11 June 2021. On 12 December 2023, the employee reported sick. After the company doctor found her fit for adapted work again in February 2024, she resumed her duties. On 15 March 2024, however,…
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Dormant employment contracts and holiday days as of 1 July 2026: is a legislative change needed?
Case law on the accrual of holiday days during a dormant employment contract is very much in flux. Recent rulings from various district courts show a divided picture. At the same time, an important change to the compensation scheme for the transition payment is due to take effect on 1 July 2026. In this article,…
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Protection on transfer of undertaking is not absolute
Supreme Court of the Netherlands, 6 February 2026, ECLI:NL:HR:2026:204 On 6 February 2026, the Dutch Supreme Court ruled on the question of when dismissal is possible following a transfer of undertaking. Central to the case was the ban on dismissal on transfer of undertaking and its exception: dismissal for so-called ETO reasons (economic, technical, or…
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Supreme Court rules on returning employees: when do earlier years of service still count?
Supreme Court of the Netherlands, 28 November 2025, ECLI:NL:HR:2025:1808 Late last year, the Supreme Court issued an important ruling on the application of the aggregation rule when calculating the transition payment. Central to the case was the question of whether an earlier employment period, which the employee had ended themselves, must be included when calculating…
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Threats in the workplace: summary dismissal does not stand
The subdistrict court ruled on the summary dismissal of an employee who allegedly threatened his supervisor. Although the employer claimed there had been death threats, the subdistrict court ruled that the dismissal did not stand. Decisive here was that the employer had insufficiently taken into account the employee’s known, serious mental health issues. Facts The…
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Summary dismissal for pocketing Albert Heijn purchase stamps while shopping for employer
Noord-Holland District Court, 31 January 2025, ECLI:NL:RBNHO:2025:906 Earlier this year, Noord-Holland District Court ruled on the summary dismissal of an employee who used his own Albert Heijn loyalty (bonus) card while shopping for his employer. Over nine months, this earned him more than EUR 1,700. The employee claimed various forms of compensation, but the subdistrict…
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Mandatory commuting mobility reporting scrapped for SMEs
As announced on Budget Day (Prinsjesdag), employers with 100 to 250 employees will, from 2027, no longer be required to report on their employees’ commuting and business travel. Only organisations with at least 250 employees will retain an annual reporting obligation. It is now clear that this change can take effect on 1 January 2027…
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On-call workers: the annual hours offer and the statutory presumption of working hours
Supreme Court of the Netherlands, 28 November 2025, ECLI:NL:HR:2025:1802 On-call workers: the relationship between the annual hours offer and the statutory presumption of working hours. Facts Taxiwerq is a payroll company for taxi drivers. Drivers are placed by Taxiwerq with various taxi companies. The employee has worked for Taxiwerq as an on-call taxi driver since…
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From Sinterklaas to New Year’s Eve: employment law points of attention
December is just around the corner: the gingerbread biscuits are out, the mulled pears are simmering, and the first doughnuts are already on sale. A festive time of year, but also one in which employers and employees can run into specific employment law questions. In this article, we set out a number of important points…
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Employer liability for (traffic) accidents: what you need to know
As an employer, you are responsible for the safety of your employees while they carry out their work. But what happens if an employee is involved in a (traffic) accident while travelling? Is that your responsibility — and are you liable for the resulting damage? Work-related travel When an employee travels for work, for example…
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Employee secretly held three full-time jobs at once — ordered to repay EUR 73,000
Amsterdam District Court, 28 October 2025, ECLI:NL:RBAMS:2025:7907 A remarkable ruling by Amsterdam District Court shows that concealing multiple jobs while employed full-time can have major financial consequences. The employee turned out to hold two other full-time positions alongside her job at Henkel Global Supply Chain (Henkel), and also worked incidentally for the Vrije Universiteit Amsterdam….
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Employer not obliged to reinstate employee in old role after recovery
Midden-Nederland District Court, 7 October 2025, ECLI:NL:RBMNE:2025:5210. The Midden-Nederland subdistrict court recently ruled in summary proceedings between an employee and his employer, KPN. The case revolved around whether KPN was obliged to let the employee return to his former role after recovering from illness, given that the role had ceased to exist during his illness….
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New pension rules: what does this mean for you as an employer?
The Dutch pension system is changing radically with the Future Pensions Act (Wtp), in force since 1 July 2023. Employers have until 1 January 2028 to adapt their pension scheme to the new rules. Although that may still seem far off, it is wise to already look at what this means for your organisation. The…
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Dog in the workplace: an established practice becomes an employment condition
Dog in the workplace: an established practice becomes an employment condition Midden-Nederland District Court, 24 September 2025, ECLI:NL:RBMNE:2025:5015 The Midden-Nederland subdistrict court recently issued an interesting ruling about bringing a dog to work. The case makes clear under what circumstances a workplace habit can grow into an employment condition. It also confirms that, without a…
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Supreme Court: study cost clause for mandatory professional training is invalid
Supreme Court of the Netherlands, 26 September 2025, ECLI:NL:HR:2025:1386. The Supreme Court recently ruled on the study cost clause for the Dutch Bar Training Course (Beroepsopleiding Advocatuur). The ruling clarifies when an employer may reclaim training costs and confirms that the costs of mandatory professional training may not be passed on to the employee. Facts…
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Holiday days keep accruing throughout illness, court rules, departing from Dutch law
Gelderland District Court, 12 August 2025, ECLI:NL:RBGEL:2025:7054. This case centres on whether an employee who is fully and permanently unfit for work is entitled to payment of the transition payment and accrued holiday days. The employer refused to cooperate with ending the dormant employment contract. The subdistrict court assessed whether this position holds up in…
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Addendum to employment contract validly annulled for mistake over undisclosed mental health condition
Midden-Nederland District Court, 17 September 2025, ECLI:NL:RBMNE:2025:4897 Midden-Nederland District Court recently ruled on the annulment of an addendum to an employment contract on the ground of mistake. The central question was whether an employee had breached her duty to disclose by not reporting her mental health symptoms when agreeing to an increase in her working…
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Prinsjesdag 2025: key employment law changes for employers
Yesterday, the King presented the government’s policy plans for the coming year. The caretaker government put forward proposals for new employment law measures. In this article, we give an overview of the key employment law bills. Company cars and CO2 levy In the 2026 Tax Plan, the caretaker government proposes introducing a pseudo-final levy of…
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Requiring an employee to work from the office falls within the employer’s instruction right
The employee invoked the ban on dismissal during illness and claimed fair compensation. The Arnhem-Leeuwarden Court of Appeal ruled, however, that the disruption of the working relationship was unrelated to the sick leave and that the employer had not acted seriously culpably. No fair compensation was therefore awarded. Facts The employee started working at a…
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Long-term sick employee? Dismissal is possible even without a WIA decision
Employers are increasingly facing delays at the UWV (Employee Insurance Agency), particularly in the assessment of WIA (occupational disability) applications and reintegration reports. These backlogs can create uncertainty: can you only start thinking about dismissal once the UWV has finished its work? The answer is no — you do not have to wait. Reintegration and…
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Employee who deliberately drove into a colleague still entitled to transition payment
Facts The employee had been employed by the employer since April 2000. For some time, he had struggled with cooperation problems with a colleague who, in his view, did not follow rules and instructions. The employee repeatedly raised these problems with his supervisor, but the employer took no action. He was simply told: “You’ll have…
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Extra hours and overtime in collective agreements: EU case law intervenes
In practice, many Dutch collective labour agreements (CLAs) distinguish between “additional hours” (meerwerk) and “overtime” (overwerk). The Court of Justice of the European Union (the Court) recently ruled that this distinction conflicts with EU law. What does this mean for employers and employees? Additional hours and overtime Part-time employees can work more hours than agreed…
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Employer seriously culpable for breaking a verbal contract-renewal promise, but secret recording reduces compensation
An employee secretly recorded the conversation containing the promise. An employer who broke his word, and an employee who breached trust, resulted in a reduced fair compensation of EUR 2,174.10 gross. Facts The employee started working for the employer on 1 January 2024 under a fixed-term employment contract of twelve months. If he performed well,…
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Supreme Court: duty to complain also applies to unpaid wage claims
Supreme Court of the Netherlands, 20 September 2024, ECLI:NL:HR:2024:1278 In this ruling, the Supreme Court clarified how the statutory duty to complain applies to outstanding wages. The central question was whether an employee can still claim outstanding wages if they only raise the issue a considerable time after the end of their employment. Facts The…
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From reintegration to litigation: what is a UWV expert opinion?
From reintegration to litigation When an employee is long-term sick, the employer and employee may disagree about the progress of reintegration. In such cases, a UWV (Employee Insurance Agency) expert opinion can help. This article explains what an expert opinion involves, in which situations it can be requested, what role it plays in proceedings, and…
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What about expert opinion: from reintegration to legal practice
From reintegration to legal practice In the event of an employee’s long-term illness, employer and employee may disagree about the progress of reintegration. In such cases, an expert opinion from the UWV can offer a solution. This text explains what an expert opinion means, the situations in which it can be requested, the role it…
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Employee receives over \u20ac17,000 after three days of labor
Midden-Nederland District Court May 23, 2025, ECLI:NL:RBMNE:2025:2519 Employee receives over €17,000 after three days of labor An employment contract of only a few weeks cost an employer dearly. The subdistrict court ruled that an employee was entitled to fair compensation of over EUR 17,000 gross, in addition to the statutory transitional compensation. The reason was…
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Employee awarded over EUR 17,000 in fair compensation after just three days of work
Midden-Nederland District Court, 23 May 2025, ECLI:NL:RBMNE:2025:2519 Employee awarded over EUR 17,000 after three days of work An employment contract lasting only a few weeks proved costly for an employer. The subdistrict court ruled that an employee was entitled to fair compensation of just over EUR 17,000 gross, on top of the statutory transition payment….
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