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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: , , , |
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