Many employment contracts include a non-compete clause, but it is not always valid. A number of requirements apply for a valid non-compete clause in a fixed-term employment contract. The clause must be agreed in writing with an adult employee, and must state that it is necessary because of compelling business interests. This justification must be…
After the parties had entered into a fixed-term employment contract three times, the employee, at the employer’s request, made one more trip to Germany. Since the employer failed to properly substantiate why this would be a separate freelance assignment, it can be assumed that the employee is employed by the employer on a permanent basis….
The court ruled that an employer who failed to offer a fixed hours contract to its on-call worker, despite being legally required to, must continue paying wages. That the restaurant was closed during lockdown, and that the waitress refused to deliver meals, does not change this. FactsThe employee had worked as a waitress for the…
The court ruled in March that an employer had acted in a seriously culpable manner by taking insufficient action against an unsafe, sexist working environment. The employer should have taken measures, since it knew this situation was ongoing. This resulted in fair compensation of EUR 350,000. Facts The employee had worked as a trader at…
The Tax Authority has published a COVID supplement to the 2020 payroll tax handbook on its website. This supplement covers all the changes that applied to payroll taxes in 2020 as a result of the coronavirus measures, which are not reflected in the main handbook itself. The COVID supplement covers changes relating to: Relaxed administrative…
In April 2021, the subdistrict court ruled that a tram driver who caused an accident while under the influence of drugs had acted in a seriously culpable manner. The fact that he only used drugs in his own time does not change this conclusion. The employee is therefore not entitled to the transition payment. FactsThe…
The employee had worked for Talpa since 1 February 2011. From 1 January 2016, he held the role of Creative Director. From 2017 onwards, he was repeatedly told his performance was inadequate and that the quality of the television programmes was insufficient. On 6 October 2017, he was suspended. He challenged the suspension in summary…
The bill was opened for online public consultation in late 2020. It received so many responses that extra time is needed to work it out in detail. The new pension reform law will now take effect at the earliest in 2023. The transition period is being extended by a year, to 1 January 2027, to…
The Dutch central government has published general criteria on working from home on its website. Working from home has been a key measure against the spread of the virus since the start of the pandemic. The published guidance, setting out criteria for working from home (drawn up with employer and employee organisations), is intended to…
Starting this week, companies can apply for the final determination of the subsidy for the second application period of the NOW. It concerns the months June 2020 up until September 2020. The advance payment that already has been provided, will be definitely determined. The advance payment was determined by the expected loss of turnover and…
It is now possible to request the final calculation for the second NOW application period, covering the months of June 2020 through September 2020. The advance already provided can now be calculated definitively. The advance was determined based on an estimate of revenue loss and the wage bill. The final calculation will be based on…
The Deregulation of Assessment of Employment Relationships Act (DBA Act) has, since 2016, replaced the previous VAR declaration. The DBA Act has not brought the intended clarity. It will not be fully enforced until 1 October 2021. Enforcement only takes place where the principal is acting in bad faith, or fails to follow guidance given…