The subdistrict court ruled that the client company is liable for the damage suffered by the employee as a result of a workplace accident. The client company had failed to meet its duty of care under Section 7:658(1) of the Dutch Civil Code. FactsThe employee joined a staffing agency as a mechanic on 27 May…
Since early September, Bitcoin has been legal tender in El Salvador. Businesses and shopkeepers there must now accept Bitcoin as payment, provided they have the necessary technology. El Salvador is the first country in the world where Bitcoin is legal tender. Bitcoin is also traded in the Netherlands. The question is whether an employer may…
In many industries, it is difficult to find new staff. One solution can be found in retaining or hiring retired employees. Can these retired employees be offered a fixed-term contract? Six contracts in four years is allowedUnder the chain-contract rule (Section 7:668a of the Dutch Civil Code), a maximum of three employment contracts may be…
As of 1 August 2022, the rules on training costs and side activities are changing. A ban on side activities may only be agreed with an employee in exceptional cases. In addition, the employer’s duty to inform at the start of employment is clarified and expanded – for example, the deadlines by which information must…
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…
This Court of Appeal ruling addressed whether an employee, despite being ill, had nonetheless been able to take her holiday days. The Court of Appeal found this to be the case, meaning most of her holiday days had lapsed. Facts The employee worked as a sector manager. In late June 2017, she was informed that…
Last week was Budget Day, bringing plans relevant to employers and employees: Narrowing the gap between permanent and flexible work. Training through the STAP budget; The right to transition-payment compensation for small employers closing their business due to retirement or death; Widening parental leave; Various allowances for working from home; The 30% overtime reassessment rule…
This case addressed exactly what should count as the wages an employer must pay an employee for the days they take as holiday. First instance The employee (a driver) argued at first instance that her employer had not paid her the correct wage for holiday days throughout her employment, since it had wrongly excluded overtime…
The subdistrict court ruled that an employer’s refusal to grant leave, and the employee consequently losing his new job, does not qualify as urgent cause. The employee was not entitled to end the employment contract without observing a notice period. FactsThe employee had been employed since 1 August 2019. On 17 March 2021, he resigned…
From 26 July 2021 through 30 September 2021, it was possible to apply for NOW support for the sixth time, covering the months of July, August and September 2021. To qualify for NOW 4, an average revenue loss of at least 20% must be shown over a consecutive three-month period, due to a reduction in…
The UWV has published the Werkwijzer Poortwachter (Gatekeeper Improvement Act guide) on its website. This guide is intended to help employers, company doctors, occupational health services and reintegration firms with the guidance and reintegration of sick employees. Among other things, the Werkwijzer Poortwachter answers the following questions: What does the UWV expect from the employer…
Nurse summarily dismissed for sexual relationship with a former patient The employee worked as a nurse at Antes Zorg B.V. (“Antes”). His employment contract was subject to the professional code of conduct for nurses and carers, and Antes’s own code of conduct. A patient had been admitted for several months until March 2020 for psychological…