Dutch government publishes general criteria for working from home

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…

Last Monday, 11 March 2024, the EU Ministers of Employment and Social Affairs finally reached agreement on the Platform Work Directive. Following the historic agreement in December 2023, the final directive seemed within reach, but several member states, including France and Italy, indicated they could not after all agree to its contents, fearing excessive European…

ECLI:NL:RBOVE:2024:2031Filing for one’s own bankruptcy in order to sidestep an employee’s statutory dismissal protection is a classic case of abuse of insolvency law. The District Court Overijssel recently ruled on exactly this. FactsThe employer and employee were negotiating the termination of the employee’s contract. The employer broke off the negotiations on 25 March 2024 without…

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…

In January, the subdistrict court ruled that an employee who drank a juice box belonging to the employer had been wrongly summarily dismissed. The subdistrict court did, however, dissolve the employment contract. FactsThe employee had worked for the employer (an aircraft maintenance company) since 2010, as a Ground Engineer. On 25 November 2017, the Director…

The Court of Appeal Amsterdam ruled that a shelf-stacking employee showing up to work under the influence did not constitute urgent cause for dismissal. He had been wrongly summarily dismissed, since under the applicable policy he should first have received a warning. Facts The employee worked as a shelf-stacker for Detailconsult Personeel B.V. He joined…