News in English

Below is an overview of the government’s key employment-law plans. Labour market shortagesTo address labour shortages, the government is focusing on reducing demand for labour, increasing labour supply, and improving the match between the two. Employers have been called on to, for example, offer better terms of employment, recruit differently, and look at under-used part-time…

The employee had worked for the employer as a painter since 7 April 2003. Due to worsening shoulder complaints, he asked his employer in February 2019 whether he could work one day less per week. Although the employer agreed, it unilaterally changed the start date of this arrangement three times. On 18 November 2019, the…

The Central Appeals Court (CRvB) recently ruled that an employee was culpably unemployed and not entitled to unemployment (WW) benefit, because he was bound by a non-compete clause and therefore had no real prospect of employment when he changed jobs. The employee joined his employer on 23 January 2012. His employment contract included a non-compete…

The employer annulled its employment contract with the Director of Care over deceit regarding diplomas and work experience, and sought repayment of the wages paid to the employee. In earlier proceedings, the employer had been unsuccessful. Following referral by the Supreme Court, the Court of Appeal ruled that the employee had committed deceit when entering…

We are currently receiving many questions about non-compete clauses. The Supreme Court recently ruled that a tight labour market is not relevant to the balancing-of-interests test. A non-compete clause is not meant to tie employees to a business by making it impossible for them to work elsewhere. For a non-compete clause in a permanent contract…

Drunk employee did not act intentionally On 28 December 2020, the employee joined the employer, a legal advisory firm, as legal counsel. She was part of the management team, and several conversations had already taken place about a possible partnership for her. On 4 March 2022, the employee was working with a colleague at a…

The pharmacy assistant had worked at a hospital pharmacy since May 2013. In the early years of her employment, she was allowed to keep her forearms covered at work due to her religious beliefs. At a certain point, the employer decided, based on evolving insight, that pharmacy assistants’ forearms also needed to be uncovered for…

Below we inform you of the legislative change that took effect on 1 August 2022, the concrete steps employers should take, and sample clauses to include in new employment contracts. 1 August 2022: Transparent and Predictable Working Conditions ActAs of 1 August 2022, the Transparent and Predictable Working Conditions Act applies. Below are the key…

The employee had worked as a movement-studies lecturer at the university of applied sciences since 1989. The subdistrict court dissolved the employment contract for culpable conduct, ruling that the employee had no right to the transition payment because his conduct was seriously culpable. The Court of Appeal upheld the dissolution, but ordered the university to…

The employee (role: tram driver) had worked for GVB Exploitatie B.V. since 18 June 1996. On 11 November 2021, during her shift, an incident occurred on the tram in which a scuffle broke out between her and a female passenger. There was scratching and biting, and the employee ended up on her back on the…

The employee joined the municipality of Venlo on 1 January 2010, working as a special investigating officer (BOA). On 11 January 2016, during mandatory aggression training, he suffered serious injury to his right thumb. He continued working as best he could after the accident. Over time, it became clear that, because of the injury, he…