I received a termination agreement, what now?
When you receive a termination agreement, this is usually no reason to be pleased. Sometimes a different name is used for a termination agreement. There is talk of a fixing agreement. It means that your employer wants to stop working with you and that you are usually sent away with a buy-out. Now, of course, you are not obliged to sign such an agreement directly. It would be much wiser to have him read by an employment lawyer first. Have you signed it yet? Then see if two weeks [...]
Obligation to give notice in the case of fixed-term contracts
The obligation to give notice means that the employer informs the employee in writing, at least one month before the fixed-term contract ends, whether the contract will be extended and, if so, under what conditions. Exceptions to the obligation to give notice The obligation to give notice only applies to fixed-term contracts where the end date is already fixed. For example, the obligation to give notice does not apply to an employment contract entered into for the duration of a project, where the employment contract does not end [...]
Does the employee have to accept a unilateral change to his job?
An employer may reserve the right to change or revoke the terms of employment later when entering into an employment contract with an employee. This is called a unilateral amendment clause and is determined in writing in the employment contract. Amendment clause requirements Reliance on a unilateral amendment clause is likely if the employer has such a compelling interest in changing the terms of employment that that prevails over the interests of the employee who is harmed by the change. Basic premises Although the ‘Van der Lely/Taxi Hofman’ judgment [...]
Fixed-term employment contract and non-compete clauses
With the introduction of the Work and Security Act (WWZ) from 1 January 2015, the inclusion of a non-compete clause in an employment contract is permitted in indefinite contracts. Exception This main rule is subject to an exception which applies to all employment contracts concluded on or after 1 January 2015. A non-compete clause may be included in a fixed-term employment contract if the need for it is sufficiently justified. The justification must show that the non-compete clause is necessary because of compelling business or service interests. It can [...]
Summary dismissal
Summary dismissal is the most far-reaching means that the employer has to put an end to the employment relationship. This remedy has considerable consequences for the employee. For example, employees may no longer claim a WW (unemployment) benefit. Under what circumstances is summary dismissal justified? Basic premise Summary dismissal is justified if the employee has committed or omitted an act that constitutes urgent cause. This includes serious misconduct at work, such as theft, fraud or refusal to work. The question of whether a summary dismissal is justified may depend [...]
What are the rights and obligations of an employee in the case of illness?
Wages in the case of illness If an employee is unable to work due to illness, then in the first year of being ill, the employee is entitled to 70% of his salary and at least the minimum wage. In the second year of being ill, the employee is entitled to at least 70% of his salary. The employer is not obliged to meet the minimum wage during the second year of illness. This does not apply to people who receive sick pay from the UWV or those [...]
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