As a result of the Future Pensions Act (“Wtp”), the pension system will change from a system of pension rights to one with pension savings pots. Personal choices of the employee will also more often determine the amount of the pension. The transition to a contribution agreement with an age-independent contribution (“flat rate”) means that almost all pension schemes will have to be overhauled in the coming period.
read moreMembers 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 moreIn 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 moreInadequate 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 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 moreIn our previous newsletters, we discussed the introduction of the Dutch Franchise Act (the “Act” or “Franchise Act”). This Act is effective as of 1 January 2021 and is of mandatory law. Some legal obligations were subject to an implementation deadline until 31 December 2022. This deadline has now expired.
read moreThe new Enforcement and Modernisation Directive 2019/2161, also known as the Omnibus Directive, aims to update consumer protection rules and to improve legal protection of consumers
read moreAs 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.
read moreIt 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.
read more