Pay during illness: more money for employees who partially return to work? Many employers will recognize this scenario: an employee has been ill for some time and, on the advice of the occupational physician or occupational health and safety service, carefully begins to reintegrate, for example a few hours a day. But what does this mean for the employee’s pay? Is the employee entitled to more pay than they received when they did not carry out any work at all? The short answer to this question is ‘no’. Employees generally do not have that right, as the Dutch Civil Code does not distinguish ..read more

Considerations for employers upon a notice to terminate Employers may not simply assume that an employee’s notice to terminate their employment contract is valid. In some cases the employer has a duty to investigate the issue whilst keeping in mind the ‘clear and unambiguous’ standard developed in case law. The Dutch Supreme Court recently ruled that this standard does not apply when the employer gives notice to terminate the employment contract. Notice to terminate the employment contract by the employeeExamples of situations in which employers may not blindly rely on the validity of t ..read more

Collective Dismissal? The CRNA Explained! - by Wouter Engelsman CLINT | Littler Explains! Podcast Season 2 Episode 5 – Collective Dismissal? The Collective Redundancy Notification Act Explained!  In Episode 2 of Season 5, podcast host Jasper Hoffstedde and one of his colleagues discuss an interesting topic in labor law. The listener receives easy and practical tips on how to handle challenging situations best. Today, we present Episode 5: Collective Dismissal? The Collective Redundancy Notification Act Explained!– by Wouter Engelsman. Wouter explores the scenario where an employer fa ..read more

A new proposal is now open for online consultation There has been much discussion about the non-compete clause, which also includes the non-solicitation clause, for years. These clauses were often thoughtlessly included in employment contracts, restricting employees’ freedom of choice in employment, even when the employer had no real interest in such clauses. After a similar proposal was shelved a few years ago, a new proposal is now open for online consultation. In the diagram below, we have clarified the differences between the current and proposed situations. If the proposal is adopte ..read more

An employer paid dearly for an offer to buy out a non-compete clause In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer held a former employee to his non-compete clause. After the employee had terminated his employment contract, the employer offered to waive the non-compete clause in exchange for payment. The employee declined the offer and asked the court to annul the clause. The buy-out offer cost the employer dearly; according to the court, an offer like that negated the employer’s interest in enforcing a non-compete clause (Arnhem-Leeuwarden Appellate Court ..read more

Reorganization: advisory right Works Council in case of a major proposed decision On December 22, 2023, the Enterprise Chamber of the Amsterdam Appellate Court ruled, in no uncertain terms, that Spotify Nederland ought to have sought the Works Council’s advice during a reorganization in which 11% of its employees were laid off. Important decision or not? Spotify is undergoing a worldwide reorganization, affecting 19 out of the 120 jobs in the Netherlands. The Works Council had asked for a request for advice several times within a short space of time, but it did not get one. According to S ..read more

Duty to speak for a job applicant with a medical disability The physical and psychological condition of job applicants is often crucial to their suitability for jobs. Yet asking about a medical disability or chronic illness is only permitted for special jobs that require a medical examination, such as police officers or professional football players. What can job applicants be expected to share about their health information and is there a duty of disclosure regarding chronic illness or medical disabilities? The sub-district court in Eindhoven ruled on this in August 2023 (Oost-Brabant Di ..read more

Is dismissal an impermissible restriction on the freedom of expression? Freedom of expression – general Everyone has the right to freedom of expression. That right may only be restricted if this is necessary in the interests of a democratic society and serves to protect interests such as national security or the good name or rights of others. Restrictions on freedom of expression in employment relationships According to the European Court, a different starting point may apply in employment relationships because such relationships are based on mutual trust. A certain degree of loyalty may ..read more

Summary Dismissal - What do you need to be aware of? Your employee grabs money from the tip jar, fails to make a friend pay for a drink, threatens a co-worker, or simply does not show up. All good reasons for a legally valid summary dismissal, you might think; but not necessarily or at least not always.  The law lists a number of examples of situations in which there ‘could be‘ grounds for summary dismissal. In other words, even if you have a reason like this, summary dismissal may be going too far. Conversely, if you have another reason, it does not automatically mean that you canno ..read more

Hospitality and artificial intelligence: a legal tip for the restaurant of the future Artificial intelligence (AI) has found its way into the hospitality industry. Although robots and hospitality don’t necessarily seem like a good fit – think, for instance, of the robot sommelier who gives brilliant wine recommendations, but does so in a Google Translate voice, or the drone that comes flying in over people’s heads with cappuccinos and slices of cake – the emergence of AI chatbots and software is proving to be an opportunity for hospitality entrepreneurs to optimise their operations. Expe ..read more