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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 have passed. Within that period you can still revoke your signature. Is the termination agreement received in my favour? Your interests, as an employee, are opposite to [...]

By |2021-02-17T11:20:42+00:00Wednesday 14 October 2020|Categories: Employees|Tags: , , , |

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 on a particular (already fixed) calendar date. Nor does the obligation to give notice apply to employment contracts that last less than six months and to temporary [...]

By |2021-02-17T11:17:35+00:00Tuesday 22 September 2020|Categories: Employees, Employers|Tags: , , , |

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 shows that an employee is obliged to agree to a reasonable change to his job due to changed circumstances, it is not possible to make a change [...]

By |2021-02-17T11:21:15+00:00Tuesday 22 September 2020|Categories: Employees|Tags: , , |

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 be seen from the words ‘necessary’ and ‘compelling business or service interests’ that this is a tough test. This is shown by a recent ruling of the [...]

By |2021-02-17T11:21:46+00:00Tuesday 22 September 2020|Categories: Employees, Employers, Expats|Tags: , , , |

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 on the particular and individual circumstances of the employee. This is reflected in the judgment of the Court of Appeal of The Hague of 30 January 2018, [...]

By |2021-02-17T11:22:22+00:00Tuesday 22 September 2020|Categories: Employees, Employers|Tags: , |

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 who are temporary agency workers. Employees on temporary contracts are entitled to pay until the end date of the temporary employment contract. If the employee does not [...]

By |2021-02-17T11:22:55+00:00Tuesday 22 September 2020|Categories: Employees|Tags: , , |

Challenging the summary dismissal

Summary dismissal An employer can terminate the employment contract on the basis of an urgent cause. The employment contract will then be terminated immediately. The employer does not have to observe a notice period. This means that the employee immediately loses his job. The summary dismissal is usually given orally and then confirmed in writing. The employer does not need the consent of the UWV or the sub-district court for a summary dismissal. An employee who has been summarily dismissed is not entitled to benefits. Conditions for summary dismissal An employer who wants to summarily dismiss an employee must meet a number of conditions. There must be an urgent cause for the dismissal; The summary [...]

What are an employee’s rights and obligations?

The rights and obligations of an employee are laid down in Dutch employment law. The main employee rights and obligations are set out below. Do work An employee is obliged to perform the agreed work himself, to the best of his ability, and to follow reasonable orders and instructions of the employer. Disciplinary measures can follow when an employee refuses to comply with the employer’s reasonable orders and instructions. Wages An employee is entitled to a salary. Every worker aged 21 and over is entitled to a minimum wage that is indexed annually. Holiday An employee is entitled to a minimum number of holidays per year. Expressed in hours, this is 4 times the number [...]

By |2021-02-17T11:23:56+00:00Tuesday 22 September 2020|Categories: Employees|Tags: , |
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