Employment Law
Employment law is constantly changing, with various new legislation in the field of, among other things, dismissal and flexible employment. We focus on employment law in the broadest sense, including individual and collective dismissals (reorganisations), changes to employment conditions and non-competition clauses. We also have extensive experience in the field of flexible employment relationships and contract agreements. Our clients are both national and international employers, (statutory) directors and employees, in virtually all sectors of the economy.
Barbara Spliet
partner/lawyer
Renzo Ter Haseborg
partner/lawyer
Yvette Kouwenberg
lawyer/associate partner
News
Newsflash: 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
Inadequate 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.
Working 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.
New 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.
Refunding study costs by employees limited by new legislation
It used to be quite common – especially in the case of the more expensive courses – for employers to agree with employees that upon termination of the employment contract, the employee would refund (part of) the study costs. As of 1 August 2022, the Transparent and Predictable Employment Conditions Act (Wet transparant en voorspelbare arbeidsvoorwaarden) will severely limit the possibility to recover such costs from the employee.