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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: , , , |

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: , |
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