01 Mar Newsletter
We would like to inform you of the recent developments in employment law.
As of the 1st of July 2021, the rules regarding on-call contracts will change.
Since the 1st of January 2020 the employer is obliged to make an offer (in writing or electronically) for a fixed number of hours per week within one month after the employment contract has lasted 12 months or more.
This has recently been adjusted at two points:
– if the on-call employee accepts the offer, the fixed hours must commence no later than the first day of the 15th month and
– the employee has one month to accept the offer (instead of at least one month).
Fixed travel allowance
Previously, the government decided that the fixed travel allowance may continue to be paid until the 1st of February 2021, even if the employees fully work from home. This has now been extended to the 1st of April 2021, at the condition that the fixed travel allowance has already been awarded by the employer before the 13th of March 2020.
Compensation transition payment for SMEs
The transition payment that has been paid on or after the 1st of January 2021 after dismissal due to company closure because of retirement or death of an employer with less than 25 employees, can be compensated by UWV. Read more: click here.
Pension accrual at StiPP ended on the 1st of January 2021 for payroll employees
Payroll employees are no longer compulsorily affiliated with the StiPP pension fund. Payroll employees are however, entitled to an adequate pension scheme. Read more: click here.
As of the 1st of January 2021, the maximum transition payment is EUR 84.000 gross, unless the year income of the employee exceeds that amount. Read more: click here.
Minimum wage amount changed
As of the 1st of January 2021, the minimum wage has been adjusted. Read more: click here.
Fair compensation of EUR 100.000 gross
In a recent case, the employer had disrupted the employment relationship and had to pay the employee a fair compensation of EUR 100.000 gross. The employer had spoken negatively about the employee in a speech in front of 200 employees and directed the departure of the newly recovered employee.
Employee injured by playing with firework is entitled to salary
In this case, the employee became incapacitated for work, by making gunpowder in his private time. It has not become plausible that the employee intended to injure his hand. Therefore, the employee is entitled to his salary.
Legally valid probation clause or not?
The rules for a legally valid probation clause are strict. No probationary period may be included in an employment contract for six months or less. In this case a valid probationary period was agreed upon (employment contract for the duration of six months plus one day). The employee however, only started working one day after the starting date of his contract. The termination given in the probationary period was still legally valid.
Death from sex on a business trip: work accident?
An employee of the French railway company TSO died of a heart attack on a business trip after having sex with an unknown woman outside his hotel. In this case, the judge saw the man’s death as a work accident.