Articles on Labor Matters
Practical legal information for entrepreneurs. Read what to look out for, which steps are sensible, and when legal advice is necessary.
Employees are not allowed to simply engage in secondary activities
Employment Matters
1 November 2021
In principle, an employee is free to do whatever they want in their free time, but secondary activities (paid or unpaid work alongside the job) are not always permitted. Often there is a...
This is how you handle social media in and outside the workplace
Employment Matters
11 October 2021
Employees use social media, even in their free time, and this can cause reputational damage to your company. You may not prohibit this use or simply monitor it (that infringes upon the freedom of...
Suspending an employee is not something you do lightly
Labor Affairs
September 21, 2021
Suspending an employee is not permitted arbitrarily: you need a good reason, no less severe measures may be possible, and you must continue paying their salary. A suspension is...
Limited interpretation of the resolutive condition in an apprenticeship contract
Labor Affairs
September 16, 2021
A resolutive condition in an apprenticeship or training contract is interpreted restrictively by the court, due to the closed dismissal system. An apprentice employee who temporarily suspended her healthcare training due to a heart attack therefore simply remained in...
A non-compete clause remains valid in the event of short-term employment
Employment Matters
31 August 2021
A non-compete clause can also hold up in the case of very short employment. An employee who wanted to switch to a competitor after eleven days was prevented by his non-compete clause. The judge mitigated the...
Pregnant as a self-employed person: what do I need to know about it?
Employment matters
July 29, 2021
As a pregnant self-employed person, you are entitled to a ZEZ benefit (“Self-employed and Pregnant”) of at least 16 weeks through the UWV. In addition, voluntary disability insurance (AOV) may provide a benefit, and the following applies...
Wibra is allowed to let employees make up hours not worked after the lockdown
Employment matters
July 20, 2021
In the case of a flexible employment contract where an employee works an average number of hours per week, the employer may, under certain conditions, allow non-worked hours to be made up as negative hours — even if this is done by...
Can an employee resign with immediate effect?
Employment Matters
8 July 2021
An employee can also resign with immediate effect, but only for an urgent reason, and it must be done and communicated without delay. It is risky: without a valid urgent reason...
Subdistrict court judge dissolves employment contract of employee in detention
Employment Matters
July 1, 2021
Absence from work due to (pre-trial) detention is not in itself a valid reason for summary dismissal — not even in the event of repetition. However, the employer can have the employment contract dissolved due to...
Dismissal on the grounds of the e-ground is also possible if it is not the last resort
Employment matters
June 22, 2021
For dismissal due to culpable conduct (ground e), dismissal does not have to be the last resort: even if a less severe measure was possible, the employer can terminate the employment contract. It is required...