By 7 June 2026 at the latest, the EU Pay Transparency Directive must be transposed into national (Dutch) legislation. This means that, from the date of transposition, the Directive will apply in the Netherlands. Although 2026 may still seem far off, it may be necessary for employers to take measures before the law takes effect,…
Rotterdam District Court, 13 January 2025, ECLI:NL:RBROT:2025:450 This case centres on whether the employer validly summarily dismissed the employee for theft. Facts After 37 years of employment, the employee was summarily dismissed for theft. Without the employer’s permission, the employee had put 17 pastries and 36 rulers in a bag, with a purchase value of…
For employees who can no longer perform their current role, for example due to illness, suitable work must be found. But when is work suitable? This depends on the circumstances of the case. Various factors are taken into account when assessing whether work is suitable. If the employee — unlike their employer — does not…
Limburg District Court, 18 December 2024, ECLI:NL:RBLIM:2024:9758 On 18 December 2024, Limburg District Court rejected an employee’s wage claim for nine months of outstanding wages, on the ground of failing to complain in good time within the meaning of Section 6:89 of the Dutch Civil Code (the duty to complain). Facts The employee started working…
Gerechtshof Den Haag, 10 December 2024, ECLI:NL:GHDHA:2024:2394 A teacher was dismissed after publishing artistic nude photographs of himself online. On appeal, the Court of Appeal The Hague upheld the dismissal, but nevertheless awarded the employee a gross fair compensation of €10,000, citing concerns around freedom of expression. Facts The employee, a teacher, published nude photographs…
District Court Rotterdam, 18 December 2024, ECLI:NL:RBROT:2024:12986 Handling of a poor-performance file costs employer €114,130 On 18 December 2024, the District Court Rotterdam awarded fair compensation on the grounds of seriously culpable conduct by the employer. The employer claimed the employee had been underperforming for years; the employee disputed this. Facts The employee had been…
Gerechtshof Den Haag, 23 July 2024, ECLI:NL:GHDHA:2024:1167 This case concerns a valid summary dismissal after a sick employee forwarded emails containing confidential business information to his private email address. He was not transparent about this and refused to delete the emails when asked to. Facts On 1 March 2023, the employee joined Telepact as Director…
District Court Midden-Nederland, 23 October 2024, ECLI:NL:RBMNE:2024:6411 Non-compete clause in fixed-term contract invalid for failing to meet the justification requirementOn 23 October, the District Court Midden-Nederland ruled on the validity of a non-compete, non-solicitation and secondary-activities clause. The employer and employee had agreed to several such clauses in the employment contract, which turned out not…
District Court Midden-Nederland, 13 November 2024, ECLI:NL:RBMNE:2024:6380 On 13 November, the District Court Midden-Nederland ruled on employer liability during a company outing. The case concerned an assistant gardener (the employee) who was injured after his supervisor pushed him off a quay onto a lower jetty during a company outing. Facts To mark a 25th anniversary,…
Central Appeals Court, 27 November 2024, ECLI:NL:CRVB:2024:2233 This case concerned the question of whether the Employee Insurance Agency (UWV) had rightly refused to grant an employee an unemployment benefit for a period longer than three months. The employee argued that she met the “years requirement” of Section 42 of the Unemployment Insurance Act (WW), partly…
In this recent case between a parking management company (the employer) and its employee, the District Court Rotterdam ruled that the dismissal given during the probationary period was valid, even though the probationary clause had not been agreed in writing. That probationary dismissal was subsequently withdrawn with the employee’s consent, after which the employment contract…
District Court The Hague, 8 October 2023, ECLI:NL:RBDHA:2023:20801 In this case between a hospital in Delft (the employer) and its employee, the court ruled that the employer had acted in a seriously culpable manner. After the oral hearing, the employer withdrew its own request to dissolve the employment contract. This led the employee to file…