In an outline letter dated 5 July 2022 , the Minister of Social Affairs and Employment (in Dutch: Minister SZW) presented a framework approach to achieve a reform of the current labour market system.
read moreMany organisations work with self-employed workers. Whether they are called self-employed without staff, consultants or freelancers: for most organisations, it is important that these self-employed workers cannot be seen as employees. Only then Dutch dismissal law and continued payment during illness will not apply and the employer avoids additional tax assessments from the tax authorities
read moreCurrently, the Act on Deregulation of Assessment of working relations (in Dutch: Wet DBA) is in place to (help) clarify the working relationship between principals and contractors. Unfortunately, in practice, the Act has not brought the clarity that was intended beforehand.
read moreThe possible unlawfulness of evidence is, in principle, secondary to establishing the truth in employment law. The admissibility of evidence was yet again recently raised in another case before the subdistrict court of Haarlem[2] [PA2] (albeit briefly). In the case in question, the employee clocked in with his personal pass after entering work, then logged in on his computer and regularly left work again via an emergency exit (without a pass reader).
read moreIn employment law, unlawfully obtained evidence generally counts as evidence because fact-finding generally outweighs the right to privacy. However, the sub district court of The Hague recently ruled differently. In that particular matter, an employer had secretly recorded a number of telephone conversations of one of its employees working as a sales representative.
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