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.
Caution: temporary increase in hours may count towards the chain rule
Employment Matters
17 June 2021
A temporary increase in hours on top of a permanent contract can, under certain circumstances, count as a separate (temporary) employment contract that counts towards the chain rule — with the risk of permanent employment. The...
Company receives hefty fine for overly extensive absence registration
Employment Matters
10 June 2021
An employer may record absence, but not data regarding the nature or cause of the illness — he may not even ask about that. That is special (health) personal data, which only...
Recovering study costs from a departing employee is becoming more difficult
Employment matters
7 June 2021
Since the introduction of the EU Directive on Transparent and Predictable Working Conditions (effective from 1 August 2022 in Dutch law), you may no longer use a study cost clause for mandatory training courses necessary for the position:...
How do I handle public holidays as an employer?
Employment matters
1 June 2021
In the Netherlands, there is no law that entitles employees to public holidays off. Whether an employee is entitled to the day off — and whether wage continuation or a supplement applies — is determined by...
Substantial compensation after notification via Microsoft Teams
Employment Matters
24 May 2021
In the case of a temporary contract of six months or longer, an employer must give written notice no later than one month before the end whether the employment contract will be continued (Article 7:668 of the Dutch Civil Code). If he does...
Teacher writes a critical book and receives high, fair compensation
Employment Matters
12 May 2021
An employer may have an employment contract terminated due to a disrupted employment relationship (the g-ground), provided that the disruption is serious and lasting and reconciliation is no longer possible. But if the employer acts himself...
Employee does not receive termination letter and the employer is the one who suffers the consequences
Employment Matters
20 April 2021
A notice of termination is only effective when it actually reaches the employee (the receipt theory). If a registered letter of termination is returned, you, as the employer, may not assume that the employee has received it...
Dismissal due to partner's behavior is possible, but pay close attention
Employment Matters
6 April 2021
Misconduct by the partner or a family member of your employee does not in itself justify summary dismissal. The judge looks at the role of the employee: only if *he*...
Employer fires wheeler-dealer and has to pay a hundred thousand
Employment Matters
22 March 2021
A director who secretly awarded himself hundreds of thousands of euros was not entitled to a transition payment due to seriously reprehensible conduct. Nevertheless, the employer had to pay 100,000 euros in equitable compensation — because he...
Elections and the right to vote during working hours
Employment Matters
15 March 2021
An employer must ensure that every employee can vote. If an employee can vote outside working hours or by proxy, there is no problem. If that is truly not possible, then...