Privacy law, recent developments
In the month of October 2015, the European Court of Justice delivered two important rulings in the domain of privacy law.
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The redeployment obligation for the employer in 7 steps
Article 7:669 BW stipulates that the employer may terminate an employment contract when there are reasonable grounds to do so, and the redeployment of the employee within a reasonable period of time, with or without training, to another suitable job is not possible or does not make sense.
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At the end of November 2015, two resolutions were published: the ´Decision implementation dismissal rules on grounds of long-term incapacity for work 2015´, and the ´Decision implementation rules dismissal on commercial grounds 2015´.
read moreSelf regulation process franchise
The franchise branch in the Netherlands is divided, there is insufficient support for the concept Dutch Franchise Code. Does the alternative DFA Franchise Code of Conduct perhaps offer a way out?
read moreRetirement dismissal covered by the WWZ (employment and social security act)
Unless it has a been otherwise agreed upon in writing (individually or collectively), under the Employment and Social Security Act (WWZ), effective 1 July 2015, the employer can terminate an employee´s employment contract prior to or after the day on which the employee acquires the right to retirement benefits under the AOW (state pension) or on the basis of a different pension scheme (article 7:669 sub 4 Dutch Civil Code, DCC)
read moreSpecifics WWZ (Employment and social security act) for immediate application
From 1 July, after concluding a settlement agreement or agreeing to the dismissal, the employee enters a cooling-off period. In this period, s/he can reconsider the agreement. In writing, the employer has to draw the employee´s attention to this cooling-off period.
read moreEmployment and social security act (WWZ) and training
With the introduction of the Employment and Social Security Act (WWZ), employee training becomes even more important. In the WWZ, training crops up several times (as an employer obligation or otherwise):
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