The protection of works council members
Members of the Works Council, but also, for example, members of Works Council committees, are protected against detriment under the Dutch Works Councils Act (WOR) (section 21 WOR).
read moreEmployment law changes: on-call contract, chain of custody, reintegration and emergency provisions
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 moreNewsflash: working with self-employed workers after Deliveroo ruling
Many 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 moreInadequate performance of the employee – the performance improvement plan
Inadequate performance by the employee may, under circumstances, be grounds for termination of the employment agreement. For a request for dissolution to succeed, a number of conditions must be met.
read moreWorking with and as independent contractor(s)
Currently, 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 moreNew legislation: ban on secondary employment unless there is an objective reason
As of 1 August 2022, the legislative proposal to implement the Directive on transparent and predictable employment conditions in the European Union will be in force. This has led, among other things, to the introduction of a new Section 7:653-a of the Dutch Civil Code.
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