The cabinet has announced that the fixed travel-expense allowance may continue to be paid until 1 February 2021, even where employees are working (almost) entirely from home due to the coronavirus. This means the fixed travel-expense allowance can continue to be paid as if the employee were still incurring travel costs. The fixed travel-expense allowance…
In late 2019, French rail company TSO was held responsible for the death of one of its employees. The employee died on a business trip from a heart attack after having sex outside his hotel with a woman he did not know. The court regarded the man’s death as a workplace accident, as a result…
Good afternoon, We would like to inform you of the recent coronary law and NOW developments. Employee not required to take holiday The Rotterdam Court has ruled that the employer cannot force employees to take 20% of their holiday with a reference to the corona crisis. Read more: click here. Employer may not halve pay…
On 29 May 2020, the District Court Oost-Brabant ruled that a falconer was entitled to pay, even though he could not work due to the coronavirus crisis. The employee had worked as a falconer for the employer in 2018 and 2019. The parties had expressed a wish to continue their collaboration. On 30 January 2020,…
Employees are entitled to 100% continued pay during the COVID-19 crisis. An employer’s argument that it cannot afford this does not change that. The District Court Amsterdam ruled as follows on 28 May 2020. The employee is a student. The employer runs a restaurant. He joined the employer as a service staff member on 1…
On 4 June 2020, the District Court The Hague ruled that an employee had rightly been summarily dismissed for carrying out side work, even though his employment contract contained no side-activities clause. The employee worked as a work planner and estimator at a construction company. In December 2019, the employer overheard him on the phone…
On 29 May 2020, the District Court Rotterdam ruled that an employer cannot force employees to take 20% of their holiday simply by pointing to the coronavirus crisis. FactsBy letter dated 7 April 2020, the employer informed the employee that all staff members were expected to take 20% holiday per week until 1 June 2020….
In the Kolom ruling of 14 September 2018, the Supreme Court held that an employee was entitled to a partial transition payment. The employee had become partially unfit for work and subsequently agreed with her employer that she would continue working 55% of her full working hours. A partial termination of the employment contract –…
The employee broke her wrist in an accident and stopped coming to work. The employer stopped paying her wages. A doctor then certified that she was unfit for work. The employer gave notice to terminate the employment contract, but the termination was never carried through. The company doctor later found she was able to perform…
Since 1 January 2020, it has been possible to dismiss an employee based on a combination of circumstances (the so-called “i-ground” or cumulative ground). This allows an employee to be dismissed without any single ground for dismissal being fully established on its own. Where a court dissolves an employment contract on the i-ground, it can…